20170110 Ver 2_Final Weaver Farm BPDP - For PN_20170525

Bank Parcel Development Package
Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel
Neuse River Basin
Bank Parcel Sponsor
Restoration Systems, LLC
Ph: 919-755-9490
1101 Haynes Street, Suite 211
Raleigh, North Carolina 27604
May 2017

Table of Contents
1.0
Introduction.....................................................................................................................................1
1.1 Project Location....................................................................................................................1
1.2 Parcel Overview....................................................................................................................1
2.0
Project Area — Current Conditions...................................................................................................
2
2.1 Physiography........................................................................................................................
2
2.2 Soils.......................................................................................................................................2
2.3 Existing Vegetative Communities.........................................................................................3
2.4 Parcel Design and Implementation Constraints...................................................................4
2.4.1 Threatened and Endangered Species.......................................................................4
2.4.2 Cultural Resources....................................................................................................5
2.4.3 Air Transport Facilities..............................................................................................5
3.0
Restoration Plan...............................................................................................................................5
3.1 Construction Activities (Figure 4).........................................................................................
6
3.2 Permitting.............................................................................................................................7
3.3 Planting Plan.........................................................................................................................8
3.4 Easement Boundaries & Parcel Protection..........................................................................9
4.0
Monitoring and Maintenance Plan..................................................................................................9
4.1 Monitoring Protocol.............................................................................................................9
4.2 Parcel Maintenance..............................................................................................................9
4.3 Long Term Management Plan..............................................................................................
9
5.0
Financial Assurance........................................................................................................................10
6.0
Mitigation Potential.......................................................................................................................10
7.0
References.....................................................................................................................................11
Appendix
Appendix A: Figures and Photographs
Figure 1— Parcel Location / Service Area
Figure 2 — USGS Topography, NRCS Soil Survey
Figure 3 — Current Conditions
Figure 4 — Restoration Plan
Figure 5 — Credit Determination
Sheets 1— 4 Surface Water Conveyance Centerlines
Parcel Photographs
Appendix B: NCDWR Correspondence
Appendix C: Conservation Easement, NCWHF Acceptance Letter
Appendix D: NRCS Web Soil Survey Report
Appendix E: Environmental Data Resources Inc. — Environmental Records Report
Appendix F: Permitting References
USACE Nationwide Permits 13, Bank Stabilization, and 40, Agricultural Activities
FEMA Flood Insurance Rate Map of NC, Panel 2566 & 2565
NC Sedimentation Pollution Control Act of 1973
Weaver Farm Bank Parcel Development Plan Table of Contents

Bank Parcel Development Package
Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel
Wayne, County Neuse River Basin
1.4 Introduction
The Weaver Farm Nutrient Offset and Buffer Mitigation Bank Parcel ("Parcel" or "Site") is proposed under
the terms and conditions of the Weaver Farm Mitigation Banking Instrument, made and entered into on
enter date by Restoration Systems, LLC, acting as Bank Sponsor (Sponsor), and the North
Carolina Department of Environmental Quality (NCDEQ), Division of Water Resources (DWR). The Parcel
shall be planned and designed according to the MBI, 15A NCAC 0213 .0240, and the Consolidated Buffer
Mitigation Rule 15A NCAC 02B .0295.
The project encompasses 22.36 acres of agricultural land and includes three surface water conveyances
with direct hydrologic connection to an unnamed tributary of Falling Creek in Wayne County, NC. The
primary purpose of the Parcel is to provide riparian buffer mitigation credits to compensate for
unavoidable buffer impacts in the 03020201 Hydrologic Unit Code (HUC) of the Neuse River Basin,
excluding the Falls Lake Watershed. The Bank may also provide nutrient offset credits for stormwater
requirements with new and existing development requiring nutrient offsets within the 03020201 HUC,
excluding the Falls Lake Watershed (Figure 1, Appendix A).
NCDWR representatives Katie Merritt and Chris Pullinger conducted an onsite determination for parcel
applicability and suitability on February 21, 2017. A second visit was conducted with Chris Pullinger and
Anthony Scarbraugh on March 2, 2017 (Appendix B).
Restoration Systems, LLC (RS) will purchase the Parcel in fee simple. Per the referenced Mitigation Banking
Instrument (MBI) above, RS has arranged the conveyance of the conservation easement to the North
Carolina Wildlife Habitat Foundation (Appendix C). Transfer of the easement will be conducted prior to
the release of Task 1 credits.
1.1 Project Location
The Parcel is located approximately 2.1 miles north east of Grantham in Wayne County, NC. (Figure 1,
Appendix A). The Parcel is located within the Neuse River Basin in the 14 -digit United States Geological
Survey (USGS) Cataloging Unit 03020201170010 of the South Atlantic/Gulf Region (North Carolina Division
of Water Quality [NCDWQ] Sub -basin Number 03-04-12) (Figure 1, Appendix A).
Directions to Parcel:
• Take 1-40 East out of Raleigh,
Take Exit 341 for NC-50/NC-55 toward US-13/Newton Grove,
At the traffic circle (1.3 miles), take the 4th exit onto US -13 N,
9.4 Miles Turn Left onto Weaver Rd.,
• 0.7 Miles Turn Right at Angie Drive,
Parcel is located on the left.
1.2 Parcel Overview
The Parcel encompasses 22.36 acres of agricultural land and includes three surface water conveyances
with direct hydrologic connection to an unnamed tributary which connects offsite to Falling Creek near its
confluence with Thoroughfare Creek. Currently, the Parcel is primarily active cattle pasture with portions
Weaver Farm Bank Parcel Development Plan pg. 1

associated with a poultry operation (Figure 3— Appendix A). Cattle have unobstructed access to a majority
of the Parcel's stream and agricultural ditches. Therefore, nearly all portions of the Parcels features are
subject to hoof sheering and routine maintenance, resulting in a lack of stream stability, defined bed and
bank, and woody vegetation.
The poultry operation housed 28,000 turkeys across four houses. Each house sits on a compacted earthen
floor. The State threshold to be considered a concentrated animal feeding operation for turkeys is 30,000
birds. Subsequently, a nutrient management plan was not required by the State. All pasture areas were
subject to periodic broadcast application of poultry litter throughout the year to assist in fescue and
winter wheat/rye production.
NCDWR representatives Katie Merritt and Chris Pullinger conducted an onsite determination for parcel
applicability and suitability on February 21, 2017 (Appendix B). A second visit was conducted by Chris
Pullinger and Anthony Scarbraugh on March 2, 2017. A summary of parcel features is provided below.
Table 1. Project Features Descriptions
Feature Names
Stream Type
Buffer Credit
Viability
Nutrient Offset
Viability*
UT 2**
Intermittent
Yes
Yes
Feature 1
Ditch
n/a
Yes
Feature 2
Ditch
n/a
Yes
Feature 3
Ditch
n/a
Yes
* Nutrient Offset Viable at 2,273.02 lbs. / acre (Per DWR Viability Letter 3-14-2017 — Appendix B)
** On DWR Assessment Feature Identified as UT2
2.0 Project Area — Current Conditions
2.1 Physiography
The Parcel encapsulates a heavily modified headwater stream system within the Rolling Coastal Plain
Ecoregion of North Carolina's Southeastern Plains. Regional physiography is characterized by broad inter -
stream divides with gentle to steep side slopes dissected by numerous small, low to moderate gradient
sandy bottomed streams and major river floodplains, associated terraces, and low gradient streams with
sandy and silty substrates (Griffith et al. 2002). Elevations within the Parcel range from 106 — 95 feet
National Geodetic Vertical Datum (NGVD).
The Parcel provides water quality function to a 0.072 -square mile watershed at the Parcel outfall. The
watershed is dominated by agricultural land, heavily disturbed wetlands, fringe forests, and impervious
surfaces associated with the poultry operation — Figure 3 Appendix A. Surrounding area land use is
primarily row -crop agriculture, with some low density residential housing and cattle pasture.
2.2 Soils
A detailed soil report for the Parcel was produced using the Natural Resource Conservation Service's
(NRCS) Web Soil Survey. Based on the custom Wayne County report, the Parcel contains six soil series
outlined in Table 2 below. For a detailed review of Parcel's soil please visit the NRCS report in Appendix
D.
Weaver Farm Bank Parcel Development Plan pg. 2

Table 2: Parcel Soils
Map Unit
Symbol
Map Unit Name
Hydric
Soil Rating
Js
Johnston loam
Yes
KaA
Kalmia loamy sand 0 to 2 percent slopes
No
NoA
Norfolk loamy sand, 0 to 2 percent slopes
No
NoB
Norfolk loamy sand, 2 to 6 percent slopes
No
To
Torhunta loam
Yes
We
Weston loamy sand (woodlington)
Yes
2.3 Existing Vegetative Communities
Livestock pasture and hay fields account for 68 percent of the Parcel's current land use. These areas are
dominated by Fescue grass. Winter annuals (rye grain and winter wheat) are planted in pasture areas
using no -till best management practices. Forests immediately adjacent to the Parcel have been heavily
manipulated over the years and are mainly comprised of primary successional species, i.e. red maple (Acer
rubrum), sweetgum (Liquidambarstyraciflua), and tulip poplar (Liriodendron tulipifera). Minimal amounts
of invasive species have been documented on and adjacent to the Parcel and include Chinese privet
(Ligustrum sinense) and multiflora rose (Rosa multiflora).
A reference forest, located along Horse Branch Creek (1/4 of a mile west of the Parcel), was used to
identify reference tree species. The reference forest is characterized by a basic oak — hickory forest and
coastal plain bottomland hardwood floodplain species. Documented species include willow oak (Quercus
phellos), red maple (Acer rubrum), sweetgum (Liquidambarstyraciflua), hackberry (Celtis laevigata), tulip
tree (Liriodendron tulipifera), and American sycamore (Platanus occidentalis). Reference forest species,
along with species identified in Classification of the Natural Communities of North Carolina: Third
Approximation (Schafale, M.P. and A.S. Weakley. 1990) have been used to prepare a Reference Forest
Ecosystem species list outline in the table below.
Table 3: Reference Forest Ecosystem
Basic Oak — Hickory Forest &
Coastal Plain Bottomland Hardwoods (Brownwater)
Canopy Species
Understory Species
Red maple (Acer rubrum)
Red maple (Acer rubrum)
River birch (Betula nigra)
River birch (Betula nigra)
American holly (Ilex opaca)
Ironwood (Carpinus caroliniana)
Sweetgum (Liquidambarstyraciflua)
Coastal sweetpepperbush (Clethra alnifolia)
Tulip poplar (Liriodendrum tulipifera)
Dogwood (Cornus florida)
Black gum (Nyssa biflora)
Sourwood (Diospyros virginiana)
Water oak (Quercus nigra)
American holly (Ilex opoca)
Swamp chestnut oak (Quercus michauxii)
Virginia sweetspire (Itea virginica)
Cherrybark oak (Quercus pagoda)
Sweetgum (Liquidambor styracifluo)
Willow oak (Quercus phellos)
Tulip poplar (Liriodendrum tulipifera)
Winged elm (Ulmus alota)
Common sweetleaf (Symplocos tinctoria)
American elm (Ulmus americana)
Winged elm (Ulmus alato)
Green ash (Fraxinus pennsylvanica)
Highbush blueberry (Voccinium corymbosum)
Weaver Farm Bank Parcel Development Plan pg. 3

2.4 Parcel Design and Implementation Constraints
The presence of conditions or characteristics that have the potential to hinder restoration activities on
the Parcel were evaluated. The evaluation focused primarily on the presence of hazardous materials,
utilities and restrictive easements, rare/threatened/endangered species or critical habitats, and the
potential for hydrologic trespass. Existing information regarding Parcel constraints was acquired and
reviewed including an Environmental Records Report developed by Environmental Data Resources Inc.
which located no evidence of environmental risk associated with the Parcel (Appendix Q. In addition, any
Parcel conditions that have the potential to restrict the restoration and implementation were
documented during the field investigation.
As a result of our review and field surveys, no known Parcel constraints exist that may hinder proposed
restoration activities.
Potential constraints reviewed include the following;
2.4.1 Threatened and Endangered Species
Species with the classification of Endangered (E), Threatened (T), or officially Proposed (P) for such listing
are protected under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.0 1531 et seq.). One
species is federally listed for Wayne County by the United States Fish and Wildlife Service (USFWS) (USFWS
2008): red -cockaded woodpecker (Picoides borealis). Additionally, the bald eagle (Haliaeetus
leucocephalus) is protected by the Bald and Golden Eagle Protection Act. Habitats for red -cockaded
woodpecker and bald eagle are not present within the Parcel.
In addition to the bald eagle and E, T, and P species, the USFWS list includes a category of species
designated as "Federal Species of Concern" (FSC). A species with this designation is one that may or may
not be listed in the future (formerly C2 candidate species or species under consideration for listing for
which there is insufficient information to support listing). The FSC designation provides no federal
protection under the ESA for the species listed. The nine FSC species listed on the current USFWS list are
presented in Table 3 below.
Table 4: USFWS FSC Species List
Common Name
Scientific Name
American eel
Anguilla rostrata
Carolina madtom
Noturus furiosus
Pinewoods shiner
Lythrurus matutinus
Rafinesques big -eared bat
Corynorhinus rafinesquii
Southern hognose snake
Heterodon simus
Atlantic pigtoe
Fusconaia mosoni
Yellow lance
Elliptio lanceolate
Cuthbert turtlehead
Chelone cuthbertii
Pondspice
Litsea aestivalis
Proposed mitigation activities will have no effect on species listed above and will result in positive benefits
for these species through improved habitat and water quality.
Weaver Farm Bank Parcel Development Plan pg. 4

2.4.2 Cultural Resources
The term "cultural resources" refers to prehistoric or historic archaeological sites, structures, or artifact
deposits over 50 years old. "Significant" cultural resources are those that are eligible or potentially eligible
for inclusion in the National Register of Historic Places. Evaluations of site significance are made with
reference to the eligibility criteria of the National Register (36 CFR 60).
Field visits were conducted in December of 2016 to ascertain the presence of structures or features that
may be eligible for the National Register of Historic Places. No structures were found. An online search
using the North Carolina State Historic Preservation Office's Web GIS Service
(http://gis.ncdcr.govlhpowebA and the National Register of Historic Places GIS Search
(https.11www.nps.govlmapslfull.html?mapld=7adl7cc9-b808-4ff8-a2f9-a99909164466) identified zero
structures within the Parcel boundaries. or within 1 mile of the Parcel.
2.4.3 Air Transport Facilities
No air transport facilities are located within 5 miles of the Parcel.
3.0 Restoration Plan
The primary goals associated with the restoration of riparian areas focus on improving water quality,
enhancing flood attenuation, and restoring wildlife habitat. Goals will be achieved through the creation
of a forested riparian buffer adjacent to stream channels and a forested riparian area along agricultural
ditches. Goals will be accomplished by the following.
1. Removing nonpoint sources of pollution associated with agricultural production, including a)
ceasing the broadcast application of poultry litter, fertilizer, pesticides, and other agricultural
materials into and adjacent to Parcel surface water conveyances and b) providing a restored
buffer to filter runoff from adjacent lands.
2. Reducing sedimentation within onsite and downstream receiving waters by reducing bank
erosion, vegetation maintenance, and agricultural land disturbances.
3. Promoting floodwater attenuation by increasing frictional resistance of floodwaters crossing
Parcel floodplains.
4. Improving aquatic habitat by enhancing stream bed shading and natural detritus input.
5. Providing a terrestrial wildlife corridor and refuge in an area extensively developed for agricultural
production.
6. Restoring and re-establishing natural community structure, habitat diversity, and functional
continuity.
7. Protecting the Parcel's riparian buffer functions and values in perpetuity.
Primary components of the restoration plan include: 1.) Removal of existing poultry houses and associated
impervious surfaces, 2.) Removal of existing gravel roads, 3.) Removal of two culverts and replacement of
one, 4.) Parcel -wide soil preparation, 5.) Livestock exclusion via fencing 6.) Riparian area restoration
(replanting) extending from the top of bank (TOB) out 200' where applicable and, 7.) Parcel protection in
perpetuity through a conservation easement.
Restoration activates are planned to being in the summer of 2017 with planting occurring in December.
The project timeline below includes restoration plan and project milestones.
Weaver Farm Bank Parcel Development Plan pg. 5

Table 5: Project Schedule
Activity / Milestone
Date
Parcel Protection via conservation easement
June 2017
Cattle exclusion / fence construction
June 2017
Removal of poultry houses / impervious surfaces
June/July 2017
Soil preparation
July through November 2017
Planting
12/2017
As -Built
01/2017
Year 1 monitoring
10/2018
Year 2 monitoring
10/2019
Year 3 monitoring
10/2020
Year 4 monitoring
10/2021
Year 5 monitoring
10/2022
Closeout
Q1- 2023
3.1 Construction Activities (Figure 4)
Three primary construction activities will occur onsite, 1.) Removal of existing poultry houses and the
associated impervious surfaces, 2.) Removal of two culverts within the Parcel, and 3) replacement of one
culvert outside of the Parcel. The poultry houses will be deconstructed with most of the material being
recycled or repurposed by the landowner outside of the project boundaries. All material will be removed
so that it is not located in or near the conservation easement. Upon the initial removal of the houses, the
earthen floors and adjacent impervious roads will be disked, lifted, treated and allowed to reset during
the 2017 growing season. Subsequent soil amendments may be required based on observations and
possible soil tests between August and November in preparation for replanting in December of 2017.
Two culverts will be removed along the un -named tributary labeled as UT 2 on Figure 5. Once removed,
the side slopes will be graded to match existing slopes at approximately a five to one (5:1) slope. Matting,
native seed mix, and live stakes will be used to stabilize the stream banks and to avoid erosion, providing
long-term stability. One culvert, located just outside of the easement at the top of Feature 1, will be
replaced to ensure adjacent land use does not negatively affect the Parcel.
In addition to stabilizing UT2, Feature 1 will receive ditch bank stabilization above the highwater mark.
Heavy cattle use has created ruts within the ditch banks resulting in cut and Bluffing banks. This area will
be graded at approximately a five to one (5:1) slope and where needed, matting will be installed to
stabilize non-vegitated areas and areas of work. Where necessary, black willow live stakes will be used to
naturally stabilize the banks for the long-term.
Prior to planting, pasture areas and areas associated with poultry production, will be ripped and scarified
in linear bands perpendicular to the direction of surface water flows. The established microtopography
on leveled surfaces will promote diffuse flow and surface water storage throughout the floodplain. In
addition, subsurface hardpans will be eliminated to promote vegetation growth/survival and to increase
groundwater recharge rates.
Impacts to Waters of US as a result of construction activities are summarized in Table 6 below.
Weaver Farm Bank Parcel Development Plan pg. 6

Table 6: Summary of Impacts
Activity
Location
Temporary Impacts
Reasoning
Removal of
Less than 25 I. ft. (Waters
Culverts are no longer needed.
Existing Culverts
Un -named Tributary
of the US) & 50 I. ft. of
Removal will insure flow is not
(2)
Stream Bank
impeded and reduce the risk of
hydrologic trespassing.
Existing Culvert
Feature 1 (off-site)
Less than 30 I. ft.
Culvert is not properly working.
Replacement
3.2 Permitting
Activities outlined above do not require a permit or written notification to any regulatory agencies, i.e. US
Army Corps of Engineers, Johnston County FEMA, & NCDWR. Reasoning for each is summarized below:
11SACF —
Under no applicable USACE Permit do the construction activities summarized in Table 6 warrant
a USACE permit or consultation. Construction activities to Waters of the US will be far less than
thresholds which require consultation, i.e. 300 I. ft. to stream beds and 500 I. ft. to stream banks.
Attached in Appendix F for reference are USACE Nationwide Permits 13, Bank Stabilization, and
40, Agricultural Activities (http://www. saw. usace. arm y. millMissionslRequlatorV-Permit-
ProgromIPermitsl2Ol7-Notionwide-Permitsl).
NCDWR —
Under no applicable USACE Permit do the construction activities summarized in Table 6 warrant
a USACE permit or consultation. Parcel visits with NC DWR Staff were conduction on February 21,
2017 and March 2, 2017.
FEMA —
The Parcel is located within the Special Flood Hazard Area (SFHA) zone AE (1% annual chance of
flooding) and also Zone X (.2% annual chance of flooding) as a result of the Parcel's proximity to
Thoroughfare Creek (Flood Insurance Rate Map [FIRM] NC, Panel 2566 & 2565 [Appendix F]).
FEMA coordination/review is conducted at the county level. Regulated activities within mapped
FEMA areas are discussed under Wayne County Ordinance Chapter 38 — Flood Prevention
(https.11www.municode.com/librarylnclwayne county/codes/code of ordinances?nodeld=COO
R CH38FLPR). Wayne County ordinances are specifically tied to substantial improvements or new
construction / development, not the removal of structures. Furthermore, there is no restriction
on plowing, or planting trees within Zone AE or Zone X if baseline flood elevations have been
determined. This was confirmed with Chip Crumpler, Wayne County Planning Director during a
telephone conversation on April 11, 2017.
In summary, the Parcel is located in FEMA Special Flood Hazard Area Zone AE and Zone X. Wayne
County, NC does not prohibit plowing and/or planting trees in such an area and therefore, FEMA
coordination is not required.
Weaver Farm Bank Parcel Development Plan pg. 7

Land Quality: Sediment and Erosion Control -
The NC Sedimentation Pollution Control Act of 1973 governs all land disturbing activities except
agriculture and mining, which is regulated by the Mining Act of 1971. The restoration activities
proposed at the Parcel fall under the agricultural exemption. Light disking within the project
footprint will be done in a way that will reduce any excess runoff into waterbodies. A vegetated
strip along existing ditches and other waterbodies will be kept in place to further manage any
excess sediment from leaving the Parcel. The Parcel will be planted in temporary ground cover for
soil stabilization and reduction of sediment loss during rain events. The referenced Act is provided
in Appendix F.
3.3 Planting Plan
Restoration of the riparian area allows for recolonization and expansion of characteristic species across
the landscape. The riparian areas on both sides of 3 ditches (Features 1, 2 & 3) and one intermittent
stream (UT2) will be restored in accordance to 15A NCAC 02B .0295. The planting plan for the entire
riparian restoration area, includes planting bare root trees over 20.72 acres and live stakes for stream
bank stabilization where necessary. Species composition will mimic reference forest data, onsite
observations, and community descriptions from Classification of the Natural Communities of North
Carolina (Schafale and Weakley 1990). Community associations utilized in the proposed planting plan
below include 1.) Basic Oak - Hickory Forest in non -hydric soil and upland areas and 2.) Coastal Plain
Bottomland Hardwoods in hydric soil areas and adjacent Parcel features.
All species are proposed based on their ability for sediment stabilization, rapid growth rate, the ability to
withstand hydraulic forces associated with flood events, and suitability to specific soil types. Trees will be
planted at a density sufficient to meet the performance standards outlined in the Rule 15A NCAC 02B
.0295 of 260 trees per acre at the end of five years. No one tree species will be greater than 50% of the
established stems. Tree species proposed for planting are detailed in Table 7.
Table 7: Proposed Planting Plan by Species
Vegetation Association:
Basic Oak — Hickory
Forest
Coastal Plain
Bottomland Hardwoods
Acreage
-13.72 acres
-7 acres
Species (bare root = BR)
Number
% of Total
Planted
BR
Number
% of Total
Planted
BR
White oak (Quercus alba) - BR
2,750
Northern red oak (Quercus falcate) - BR
2,750
Tulip poplar (Liriodendron tulipifera) - BR
2,750
Green ash (Fraxinus pennsylvanica) - BR
2,750
Water oak (Quercus nigra) - BR
1,900
Willow oak (Quercus phellos) - BR
1,900
River birch (Betula nigra) - BR
1,900
Total (18,600)
11,000
7,600
Black willow (Salix nigra) — Live Stake
as needed for stream bank stabilization
Weaver Farm Bank Parcel Development Plan pg. 8

3.4 Easement Boundaries & Parcel Protection
Parcel easement boundaries will be identified in the field to ensure clear distinction between the Parcel
and adjacent properties. Boundaries may be identified by cattle fence, marker, bollard, post, tree -blazing,
or other means as allowed by Parcel conditions and/or conservation easement. Boundary markers
disturbed, damaged, or destroyed will be repaired and/or replaced on an as needed basis. The easement
boundary will be checked annually as part of monitoring activities and reported to NCDWR.
The Grantor of the fee title of the Parcel to RS will construct a fence along the entire perimeter of the
Parcel to NRCS standards to ensure cattle exclusion. The fence will be built on Grantors' land and it will
be the responsibility of the Grantor to maintain the fence as long as adjacent land use to Parcel is pasture.
4.0 Monitoring and Maintenance Plan
4.1 Monitoring Protocol
Restoration monitoring procedures for vegetation will monitor plant survival and species diversity.
Quantitative sampling will include twenty two (22) permanent 10 x 10 meter vegetation plots as outlined
in the CVS Level 1-2 Protocol for Recording Vegetation, Version 4.2 (Lee et al. 2008) and will occur in
October of each year, with the 15t monitoring data to be collected no earlier than October. A reference
photo will be taken from the origin point of each plot. All planted stems in the plots will be marked with
flagging tape and recorded. Data collected will include: species, height, planting type (planted stem
and/or volunteer). Monitoring of the restoration efforts will be performed for five years or until success
criteria are fulfilled. Restoration Systems shall submit to NCDWR an annual monitoring report, no later
than December 31st of each year. Reports will document the success of the vegetation and any
maintenance, supplemental planting, or encroachment within the easement areas. Success criteria within
the buffer and nutrient offset restoration areas will be based on the survival of planted species at a density
of 260 stems per acre after five years of monitoring.
The first annual monitoring activities will commence at the end of the first growing season, at least five
months after planting has been completed.
4.2 Parcel Maintenance
A remedial action plan will be developed and implemented with the approval of NCDWR in the event the
Parcel or a specific component of the Parcel fails to achieve success criteria as outlined above. Other
vegetation maintenance and repair activities may include pruning, mulching, and fertilizing. In the event
that exotic invasive plant species require treatment, such species will be controlled by mechanical
(physical removal with the use of a chainsaw) and/or chemical methods (aquatic approved herbicide) in
accordance with North Carolina Department of Agriculture (NCDA) rules and regulations.
If mowing is deemed necessary by the Sponsor during the monitoring period, the Sponsor must receive
approval by the DWR prior to any mowing activities within Zone 1 and Zone 2 of the Neuse buffers along
UT2 to ensure that no buffer violations have been performed. Failure to receive approval to mow within
the Neuse buffer as defined in 15A NCAC 02B .0233 by the DWR, could result in Neuse buffer violations
and violations of the conservation easement. If necessary, the Sponsor will develop a species-specific
control plan.
4.3 Long Term Management Plan
The conservation easement will preserve all areas, and prohibit all use of the property inconsistent with
its use as mitigation property, including any activity that would materially alter the biological integrity of
Weaver Farm Bank Parcel Development Plan pg. 9

the Parcel. The North Carolina Wildlife Habitat Foundation (NCWHF) has agreed to be the holder of the
easement (Attachment C). The Sponsor will provide an endowment to NCWHF to hold and enforce the
conservation easement and its interests, in perpetuity.
5.0 Financial Assurance
As stated in the Restoration Systems' Weaver Farm Riparian Buffer and Nutrient Mitigation Banking
Instrument, dated enter date
Following approval of the BPDP, the Sponsor shall provide a Performance Bond from a surety company
that is rated no less than an "A-" as rated by A.M. Best. The Performance Bond amount shall be 100% of
the estimated cost for implementation of the buffer restoration and/or stormwater BMP project as
described in the approved BPDP, but not less than $150,000.00.
Alternatively, in lieu of posting the Performance Bond, the Sponsor may elect to construct the project
prior to the first credit release.
After completion of the restoration/construction, a separate Performance/Maintenance Bond will be
secured for 100% of the estimated cost to implement the monitoring and maintenance plan but not less
than $100,000.00. The Performance/Maintenance Bond shall be in effect for a minimum of five years, and
until DWR has released all mitigation credits to the Bank Sponsor. Upon DWR approval, this may be
lowered each year based on the adjusted cost to complete the monitoring.
Monitoring bonds shall be renewed with confirmation of renewal provided to DWR with each annual
monitoring report for each phase. DWR reserves the right to alter the credit release schedule if
monitoring reports are submitted without proof of bond renewals.
6.0 Mitigation Potential
DWR has determined the nitrogen nutrient abatement of restored riparian area to be 2,273.02 lbs. per
acre. Riparian buffer credits will be measured by the hundredth of an acre and converted into square feet.
The Parcel will generate 20.77 acres of restored riparian area within a 22.36 acre Parcel. The table below
outlines the Parcel's components and mitigation credits to be generated within the difference riparian
area zones. The Neuse riparian buffer mitigation credit generated along UT2 can be used for either
riparian buffer credits or nutrient offset credits, but not both. Nutrient offset credits generated along the
three ditches are not able to be converted into buffer mitigation credits. RS must request and receive
approval of the transfer of any mitigation credits from DWR prior to adding or removing credits from the
ledgers. The Sponsor will maintain 2 credit ledgers. One ledger will account for buffer Restoration credits
and one will account for Nitrogen nutrient offset credits. All mitigation credit assets shall be shown on
these credit ledgers. Overall credit generation is detailed in Table 8 below and shown on Figure 5.
Weaver Farm Bank Parcel Development Plan pg. 10

Table 8: Project Components and Mitigation Credits
Buffer Zone
Credit Type
Mitigation
Total
Credit
Credit per
Total Credits
Type
Acreage
Ratio
Acre
UT2 Zone A (TOB
Riparian Buffer
Restoration
3.09
1:1
43,560 sq.
134,600.4 sq. ft.
to 50')
ft./acre
UT2 Zone B
Riparian Buffer
Restoration
2.99
1:1
43,560 sq.
130,244.4 sq. ft.
(51' - 100')
ft./acre
Total
Riparian Buffer
6.08
264,844.8 sq. ft.
UT2 Zone C
Nitrogen
Restoration
5.24
n/a
2'273.02
11,910.62 lbs.
(101' - 200)
Ibs./acre
Ditches
Nitrogen
Restoration
9.45
n/a
2,273.02
21,480.03 lbs.
(TOB - 200')
lbs./acre
Total
Nitrogen
14.64
33,390.65 lbs.
7.0 References
Schafale, M. P. and Weakley, 1990. A Classification of the Natural Communities of North Carolina, Third
Approximation.
USDA, Soil Conservation Service, 1974. Soil Survey of Wayne County.
Weaver Farm Bank Parcel Development Plan pg. 11

Appendix A: Figures and Photographs
Figure 1— Parcel Location / Service Area
Figure 2 — USGS Topography, NRCS Soil Survey, and Drainage Area
Figure 3 — Current Conditions
Figure 4 — Restoration Plan
Figure 5 — Credit Determination
Figure 6 — Surface Conveyance — Centerlines
Parcel Photographs
Weaver Farm Bank Parcel Development Plan Appendices

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Buffer Zone Credit Type
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Total Riparian Buffer
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Total Nitrogen
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RESTORATION SYSTEMS, LLC
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CONTROL POINTS
No. 5 REBARS WITH PLASTIC
CAP FLUSH WITH GRADE
CP 1: N = 566,378.9384'
E = 2,260,027.6577'
ELEV = 103.12'
CP 2: N = 566,474.9288'
E = 2,260,425.3697'
ELEV = 100.22'
GENERAL NOTES:
'- \
ALL ELEVATIONS ARE REFERENCED
STA 0+00.00
TO NAVD 1988.
=>
E-2,259,978.64`
ELEVATIONS WERE DERIVED FROM
AN NGS OPUS -RS SOLUTION ON
, —
FEATURE 3
04/07/17.
COORDINATES WERE DERIVED
BEGINNING
USING THE NCGS REALTIME
OF FEATURE 3
END
_3
NETWORK.
STA 0+00.00 OF
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10
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200 100 0 200 400 600
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Weaver Farm BPDP Image 2: Un -named Tributary and Surface Water Conveyances 4/12/2017

Appendix B: NC DWR Correspondence
Weaver Farm Bank Parcel Development Plan Appendices

Water Resources
ENVORONMENTAL OVAOTY
March 15, 2017
Raymond Holz
Restoration Systems, LLC
1101 Haynes St., Suite 211
Raleigh, NC 27607
(via electronic mail; [e-mail])
ROY COOPER
MICHAEL S. REGAN
S. JAY ZIMMERMAN
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Weaver Farm Site
453 Weaver Rd, Goldsboro NC
Wayne County
Dear Mr. Holz,
On January 24, 2017, Katie Merritt, with the Division of Water Resources (DWR), received a request
from. Restoration Systems, LLC (RES), for a site visit near the above -referenced site in the 8 -digit
Hydrologic Unit Code 03020201 of the Neuse River Basin to determine the potential for riparian
buffer mitigation and nutrient offset. On February 21, 2017, Ms. Merritt performed a site assessment
of the subject site, which is more accurately shown in the attached aerial initialed by Ms. Merritt on
March I3, 2017.
Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. The evaluation was made from Top of Bank (TOB)
out to 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective
November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240.
feature
Classification
15ub'ec
Riparian Land uses of
Buffer
Credit
zNutrient
Offset Viable
Mitigation Type Determination w/in riparian
tto
Feature
areas
at 2.273
Buffer
O-200'
Viable
Rule
lbsacre
Pond
Open Water
No
Actively grazed by cattle
No
No
N/A (not inline)
UT1
Wetland
No
Actively grazed by cattle
No
No
N/A
(starts at
elevation
102.41)
UT2
Stream
Yes
Mostly non -forested,
Yes
Yes
Restoration Site per 15A NCAC 02B.0295 (n)
dense in fescue and
actively grazed by cattle.
Partially contains poultry
houses, maintained grass
and turkey litter. (deemed
agriculture land use by
NCDWR)
State of North Carolina I Environmental Quality i Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 607 6300

Weaver Farm Site
Restoration Systems, LLC
March 15, 2017
Feature
Ditch (starts
No
Non -forested, dense in
Yes
Nutrient Offset - Restoration Site per 15A
1
at elevation
fescue and actively grazed
NCAC 02B.0295 (n) — requires minor repairs,
100.13)
by cattle.
stabilization and grading of ditch
Elevations of ditch depths
are affected by sediment
Buffer Mitigation —Assessment concludes the
deposition from long-term
ditch meets 15A NCAC 02B .0295 (o)(8) (A, B,
cattle access
C & E) at this time. More information needed
for complete assessment.
Feature
Ditch (starts at
No
Left Bank: Non -forested,
Yes
Nutrient Offset - Restoration Site per 15A
2
pipe orouna
dense in fescue and
NCAC 02B ,0295 (o)(n)
elevation
actively grazed by cattle
100.36)
Right Bank: poultry
Buffer Mitigation — Assessment concludes
houses and grass (deemed
the ditch meets 15A NCAC 02B .0295 (o)(8)
agriculture land use by
(A, B, C & E) at this time. More information
NCDWR)
needed for complete assessment.
Feature
Ditch (starts
No
Non -forested, dense in
Yes
Yes
Nutrient Offset - Restoration Site per 15A
3
at elevation
fescue and actively grazed
NCAC 02B.0295 (o)(n)
101.15)
by cattle
Buffer Mitigation —Assessment concludes the
ditch meets 15A NCAC 02B.0295 (o)(8) (A, B,
C, D & E) at this time. More information
needed for complete assessment.
Feature
Ditch
No
Partially non -forested and
No
No
N/A (drains to wetland & floodploin)
4
(disappears at
actively grazed by cattle;
wood -line
partially forested and not
near elevation
grazed by cattle
89.33
UT 3
Wetland
No
Closed canopy of native
No
No
N/A
hardwoods
'Subjectivity calls for the features were determined by DWR in correspondence dated March 8, 2017 using the 1:24,000
scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared
by the MRCS.
Z NC Division of mater Resources - Methodology and Calculations for determining Nutrient Reductions associated with
Riparian Buffer Establishment
Maps showing the project site, features and elevations were provided by RES and were initialed by
Ms. Merritt on March 15, 2017. This letter should be provided in all stream, wetland and/or buffer
mitigation plans for this Site.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written
approval prior to conducting any mitigation activities in riparian areas and/or surface waters,
Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure
shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or
surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
I'agc 213

Weaver Farm Site
Restoration Systems, LLC
March 15, 2017
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset according to 15A NCAC 02B .0240.
Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this
correspondence.
Sincerely,
kolm
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
K.AH/km
Attachments: Site Aerial map prepared by RS, Lidar elevation reap prepared by RS
cc: File Copy (Katie Merritt)

lElE yy'. m a
� a
•R
�
N
iita

Water Resources
Environmental Quality
March 8, 2017
Jerry Mack Weaver
453 Weaver Road
Goldsboro, North Carolina 27530
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary,
S. JAY ZIMMERMAN
Director
17-0110
WAYNE County
Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 028 .0233)
Subject Property/ Project Name: Weaver Farm
Address/Location: 453 Weaver Road; Goldsboro, North Carolina. Northeast of Grantham, NC, between US HWY
13 S and Old Grantham Road (SR 1219)
Stream(s) Evaluated: 3 (8 total features)
Determination Date: 02/21/ 2017 and 03/02/2017 Staff: Chris Pullinger, Anthony 5carbraugh
Determination Type:
Buffer:
Stream:
® Neuse (15A NCAC 02B.0233)
® Intermittent/Perennial Determination
❑ Tar -Pamlico (15A NCAC 02B.0259)
Soil
❑ Catawba (15A NCAC 02B.0243)
name/lD
❑ Jordan (15A NCAC 02B.0267) (governmental
Subject
and/or interjurisdictional projects)
❑ Randleman (15A NCAC 02B.0250)
Survey
❑ Goose Creek (15A NCAC 02B.0605-.0608)
Pond
Feature
Feature type/detail
Not
Subject
Start@
Stop@
Soil
USGS
name/lD
Subject
Survey
Topo
Pond
Open water (not in-line)
x
x
x
UT 1
wetland
x
below pond
property
x
x
boundary
UT 2
intermittent stream
x
Feature 3
property
X
x
confluence
boundary
Feature 1
ditch
x
see map
UT 2 origin
x
Feature 2
ditch
pipe
UT2
confluence
Feature 3
ditch
UT2
see map
confluence
Feature 4
ditch
see map
tree line
UT3
wetland
x
see map
property
x
boundary
*E111P = Ephemerolllntermittent/Perennial
— ---Nothing Compares',
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Orations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

The Division of Water Resources has determined that the streams listed above and included on the attached map
have been located on the most recent published NRCS Soil Survey of Pitt County, North Carolina and/or the most
recent copy of the USGS Topographic map at a 1:24,000 scale and evaluated for applicability to the Neuse Riparian
Buffer Rule. Each stream that is checked "Not Subject" has been determined to not be at least intermittent or not
present on the property. Streams that are checked "Subject" have been located on the property and possess
characteristics that qualify them to be at least intermittent streams. There may be other streams or features
located on the property that do not appear on the maps referenced above but may be considered jurisdictional
according to the US Army Corps of Engineers and subject to the Clean Water Act.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties
that dispute a determination made by the DWR may request a determination by the Director. An appeal
request must be made within sixty (60) calendar days of date of this letter to the Director in writing.
If sending via US Postal Service:
c/o Karen Higgins
DWR — 401 & Buffer Permitting Unit
1617 Mail Service Cen ter
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.):
% Koren Higgins
DWR — 401 & Buffer Permitting Unit
512 N. Salisbury Street
Roleigh, NC 27604
This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) days.
This determination only addresses the applicability to the buffer rules and does not approve any activity
within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any
inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of
Engineers Washington Regulatory Field Office at (910)-251-4629.
If you have questions regarding this determination, please feel free to contact Chris Pullinger at [phone],
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: WaRO DWR File Copy
LASERFICHE
Raymond Holz; Restoration Systems, LLC. (via e-mail: [e-mail])
Katie Merritt, (via e-mail: [e-mail])

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Appendix C: Conservation Easement & NCWHF Acceptance Letter
Upon approval of the Weaver Farm BPDP and prior to the release of Task 1 credits, RS will provide to the
Division, a Division approved, exectuded conservation easement.
Weaver Farm Bank Parcel Development Plan Appendices

Tracy Brooks
Chairman
upeen:0m, NC
Tea..-.. K.ery
Vice Ch.irrn..zi
Burlington, NC
John I lagan
Secretary
GreensMre, NC
Do-:d M-zrpi:y 11
Tre:..,u.-ar
Grecnsb.rn, NC
Lddie Bri'ugcs
Executive Director
Gr_ensboro, rZ
7�... Barry.
Gte.-..abet., NC
S..ndy Brudy
Greensboro, NC
Roek'y Carter
S%%anslior., NC
Tenn:e D.-- is
Cli... x,. NC
Johnny Dinkins
Greensboro, NC
Greg Lr%%in
R;.la:gh, NC
Gary Gmh..-
S;immerl,eld, NC
Greg rlarrell
tcelusvihe, NC
K,tlly H-.—.'ill
Green:bora, NC
S'-It I lelli m—
Greensbrro, NC
Maurice dull
Hign Point, NC
.Tall Ma-.tg.tnzry
line.-.a6ot., NC
M:uk Rwfir.
Greensboro, N7
Allen Sharpe
GrreR:bore, NC
Kehelle Sharpe
Greeasbora, NC
Tobe Sherrill
Greensboro, LIC
I'I:.rrieee Sw-!an
R�:dN-ilia, NC ?73_0
Will Sir Yat..
GreCnsbc;ro, NC
Richard Vanore, Jr.
Greensboro, NC
April 19, 2017
LLC
Worth Creech
1101 Hay..es Street Ste. 111
Raleigh, NC 27604
Re: Weaver Nutrient Site
This letter on Behalf of the North Carolina Wildlife Habitat Foundation is in regards to
the Weaver Farm project in Wayne t-ounty. We have reviewed the provided project
documents for this site and believe that the completed project will provide real and
lasting benefits to wilalite habitat. Since the project aligns with the mission and interests
.f the NCWHF, o,:.. tp the fall...:.a� .ol.:
Easenae..t nolde. fo. a peapetual c.n.se. vation. case ... ent on this site. This offer is
subject to hnal review ana acceptance of easement terms. the requires
endowment fee is $20;000.
The NCWHF appreciates the opportunity to serve in this way, which is consistent with
both our existing easement stewardship program and our Broader mission. This proposal
is with the understanding that the current monitoring and reporting efforts of the
NCWHF cas.ment holdin5 program meet the standards requir.d b, USACE foa s. --'--
as
. -:-6as Easement Holger and Long Term JtewarU. As always, the endowment fees I{required for
th... Jir= YY ill b= held find .ilY=Dred U= d...G to bCJt t is=r.CCJ fo ]1C YY 4Lld ]hlV Fz..d.. The
tunas will be usea for ongoing monitoring of this specific site as well as any legal costs
which may arise from efforts to resolve specific violations of the easement terms.
the fees listed here are subject to a favorable review of he final conservation easement
document, boundaries, and details. there are a few other standard requirements as well.
The Developer will be responsible for installing standard NCWHF easement signage at
the site. the Developer must also keep NCWHF informed of progress on the project,
P.O. Box 29187 • Greensboro, NC /— i a i
[phone] • www.ncwlif.org

Trucy Br,,..ks
Chairman
GrccnsQoro, NC
I��na K-ury
Visa i ttoi....ar.
Be.lingim.. NC
1..hn liWga,
Seerciary
GreensU_uro, NC
David Murpny 11
T.-e:...zrep
Gmenn-bore, Ni
Eddie l3ridges
Exccurive Dim,t.
Greensboro, N7
Tom Berry
Gtraea:;bopv, NC
Swndy Bn dy
GrCCR3bare, NC
Ru.1.-' Carter
Swansuoro, ,NC
Tonnia uavis
CIL-7, CVL
Johnny ll.nki.,s
Greensboro, NC
Greg rrwin
Raleigtti. iNC
G-Py Gmilm
Som-ert:eld, NC
Greg I larmil
Reidsville, NC
Melly Harrill
uralnsllor-, NC
5�aa Eleltr a-
Graf7..,6o7-0, NC
Maurice I-lull
riign Point, iNC
Jell Montgomery
Greennb.m, NC
ML.k Ref%n
Greensboro, NC
Allen Sharpe
Greensboro. NC
M:=hells Sharpe
Greennnbere, NC
T be She. ill
Greensbur.., NC
Ilarrison Ste%%art
R±idsvilla, NC=7.3=t3
Will Ste-ort
Greenbfrb. NC
Richa,d Vanurd, J,
Greensboro, NC
both :.. ia.a ...o...to.ing rh....c— At ...u,t p.t, ide
hansott serails to facilitate continues NUWHF monitoring of the easement.
Sincerely,
W Harrison Stewart; Jr.
NCW/HF, CP..,,. war.,_ Ea,,,.«,.a C ..,.:ra« Cha:,
P.O. Box 29187 • Greensboro, NC 27429-9187
�S�s) .S /�-Ziy`J�{ � •Y-yY.11GYYI1I.OrL."

Appendix D: NRCS Web Soil Report
Weaver Farm Bank Parcel Development Plan Appendices

USDA United States
Department of
Agriculture
NRCS
Natural
Resources
Conservation
Service
A product of the National
Cooperative Soil Survey,
a joint effort of the United
States Department of
Agriculture and other
Federal agencies, State
agencies including the
Agricultural Experiment
Stations, and local
participants
Custom Soil Resource
Report for
Wayne County,
North Carolina
Weaver Farm
April 14, 2017

Preface
Soil surveys contain information that affects land use planning in survey areas.
They highlight soil limitations that affect various land uses and provide information
about the properties of the soils in the survey areas. Soil surveys are designed for
many different users, including farmers, ranchers, foresters, agronomists, urban
planners, community officials, engineers, developers, builders, and home buyers.
Also, conservationists, teachers, students, and specialists in recreation, waste
disposal, and pollution control can use the surveys to help them understand,
protect, or enhance the environment.
Various land use regulations of Federal, State, and local governments may impose
special restrictions on land use or land treatment. Soil surveys identify soil
properties that are used in making various land use or land treatment decisions.
The information is intended to help the land users identify and reduce the effects of
soil limitations on various land uses. The landowner or user is responsible for
identifying and complying with existing laws and regulations.
Although soil survey information can be used for general farm, local, and wider area
planning, onsite investigation is needed to supplement this information in some
cases. Examples include soil quality assessments (http://www.nres.usda.gov/wps/
portal/nres/main/soils/health/) and certain conservation and engineering
applications. For more detailed information, contact your local USDA Service Center
(https://offices.sc.egov.usda.gov/locator/app?agency=nres) or your NRCS State Soil
Scientist (http://www.nres.usda.gov/wps/portal/nres/detail/soils/contactus/?
cid=nres142p2_053951).
Great differences in soil properties can occur within short distances. Some soils are
seasonally wet or subject to flooding. Some are too unstable to be used as a
foundation for buildings or roads. Clayey or wet soils are poorly suited to use as
septic tank absorption fields. A high water table makes a soil poorly suited to
basements or underground installations.
The National Cooperative Soil Survey is a joint effort of the United States
Department of Agriculture and other Federal agencies, State agencies including the
Agricultural Experiment Stations, and local agencies. The Natural Resources
Conservation Service (NRCS) has leadership for the Federal part of the National
Cooperative Soil Survey.
Information about soils is updated periodically. Updated information is available
through the NRCS Web Soil Survey, the site for official soil survey information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its
programs and activities on the basis of race, color, national origin, age, disability,
and where applicable, sex, marital status, familial status, parental status, religion,
sexual orientation, genetic information, political beliefs, reprisal, or because all or a
part of an individual's income is derived from any public assistance program. (Not
all prohibited bases apply to all programs.) Persons with disabilities who require
2

alternative means for communication of program information (Braille, large print,
audiotape, etc.) should contact USDA's TARGET Center at [phone] (voice
and TDD). To file a complaint of discrimination, write to USDA, Director, Office of
Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or
call [phone] (voice) or [phone] (TDD). USDA is an equal opportunity
provider and employer.
3

Contents
Preface.................................................................................................................... 2
How Soil Surveys Are Made..................................................................................5
SoilMap.................................................................................................................. 8
SoilMap................................................................................................................9
Legend................................................................................................................10
MapUnit Legend................................................................................................ 11
MapUnit Descriptions.........................................................................................11
Wayne County, North Carolina........................................................................13
KaA—Kalmia loamy sand, 0 to 2 percent slopes ........................................ 13
NoA—Norfolk loamy sand, 0 to 2 percent slopes........................................14
NoB—Norfolk loamy sand, 2 to 6 percent slopes........................................15
We—Weston loamy sand(Woodington)..................................................... 16
References............................................................................................................19
4

How Soil Surveys Are Made
Soil surveys are made to provide information about the soils and miscellaneous
areas in a specific area. They include a description of the soils and miscellaneous
areas and their location on the landscape and tables that show soil properties and
limitations affecting various uses. Soil scientists observed the steepness, length,
and shape of the slopes; the general pattern of drainage; the kinds of crops and
native plants; and the kinds of bedrock. They observed and described many soil
profiles. A soil profile is the sequence of natural layers, or horizons, in a soil. The
profile extends from the surface down into the unconsolidated material in which the
soil formed or from the surface down to bedrock. The unconsolidated material is
devoid of roots and other living organisms and has not been changed by other
biological activity.
Currently, soils are mapped according to the boundaries of major land resource
areas (MLRAs). MLRAs are geographically associated land resource units that
share common characteristics related to physiography, geology, climate, water
resources, soils, biological resources, and land uses (USDA, 2006). Soil survey
areas typically consist of parts of one or more MLRA.
The soils and miscellaneous areas in a survey area occur in an orderly pattern that
is related to the geology, landforms, relief, climate, and natural vegetation of the
area. Each kind of soil and miscellaneous area is associated with a particular kind
of landform or with a segment of the landform. By observing the soils and
miscellaneous areas in the survey area and relating their position to specific
segments of the landform, a soil scientist develops a concept, or model, of how they
were formed. Thus, during mapping, this model enables the soil scientist to predict
with a considerable degree of accuracy the kind of soil or miscellaneous area at a
specific location on the landscape.
Commonly, individual soils on the landscape merge into one another as their
characteristics gradually change. To construct an accurate soil map, however, soil
scientists must determine the boundaries between the soils. They can observe only
a limited number of soil profiles. Nevertheless, these observations, supplemented
by an understanding of the soil -vegetation -landscape relationship, are sufficient to
verify predictions of the kinds of soil in an area and to determine the boundaries.
Soil scientists recorded the characteristics of the soil profiles that they studied. They
noted soil color, texture, size and shape of soil aggregates, kind and amount of rock
fragments, distribution of plant roots, reaction, and other features that enable them
to identify soils. After describing the soils in the survey area and determining their
properties, the soil scientists assigned the soils to taxonomic classes (units).
Taxonomic classes are concepts. Each taxonomic class has a set of soil
characteristics with precisely defined limits. The classes are used as a basis for
comparison to classify soils systematically. Soil taxonomy, the system of taxonomic
classification used in the United States, is based mainly on the kind and character
of soil properties and the arrangement of horizons within the profile. After the soil
5

Custom Soil Resource Report
scientists classified and named the soils in the survey area, they compared the
individual soils with similar soils in the same taxonomic class in other areas so that
they could confirm data and assemble additional data based on experience and
research.
The objective of soil mapping is not to delineate pure map unit components; the
objective is to separate the landscape into landforms or landform segments that
have similar use and management requirements. Each map unit is defined by a
unique combination of soil components and/or miscellaneous areas in predictable
proportions. Some components may be highly contrasting to the other components
of the map unit. The presence of minor components in a map unit in no way
diminishes the usefulness or accuracy of the data. The delineation of such
landforms and landform segments on the map provides sufficient information for the
development of resource plans. If intensive use of small areas is planned, onsite
investigation is needed to define and locate the soils and miscellaneous areas.
Soil scientists make many field observations in the process of producing a soil map.
The frequency of observation is dependent upon several factors, including scale of
mapping, intensity of mapping, design of map units, complexity of the landscape,
and experience of the soil scientist. Observations are made to test and refine the
soil -landscape model and predictions and to verify the classification of the soils at
specific locations. Once the soil -landscape model is refined, a significantly smaller
number of measurements of individual soil properties are made and recorded.
These measurements may include field measurements, such as those for color,
depth to bedrock, and texture, and laboratory measurements, such as those for
content of sand, silt, clay, salt, and other components. Properties of each soil
typically vary from one point to another across the landscape.
Observations for map unit components are aggregated to develop ranges of
characteristics for the components. The aggregated values are presented. Direct
measurements do not exist for every property presented for every map unit
component. Values for some properties are estimated from combinations of other
properties.
While a soil survey is in progress, samples of some of the soils in the area generally
are collected for laboratory analyses and for engineering tests. Soil scientists
interpret the data from these analyses and tests as well as the field -observed
characteristics and the soil properties to determine the expected behavior of the
soils under different uses. Interpretations for all of the soils are field tested through
observation of the soils in different uses and under different levels of management.
Some interpretations are modified to fit local conditions, and some new
interpretations are developed to meet local needs. Data are assembled from other
sources, such as research information, production records, and field experience of
specialists. For example, data on crop yields under defined levels of management
are assembled from farm records and from field or plot experiments on the same
kinds of soil.
Predictions about soil behavior are based not only on soil properties but also on
such variables as climate and biological activity. Soil conditions are predictable over
long periods of time, but they are not predictable from year to year. For example,
soil scientists can predict with a fairly high degree of accuracy that a given soil will
have a high water table within certain depths in most years, but they cannot predict
that a high water table will always be at a specific level in the soil on a specific date.
After soil scientists located and identified the significant natural bodies of soil in the
survey area, they drew the boundaries of these bodies on aerial photographs and
0

Custom Soil Resource Report
identified each as a specific map unit. Aerial photographs show trees, buildings,
fields, roads, and rivers, all of which help in locating boundaries accurately.
7

Soil Map
The soil map section includes the soil map for the defined area of interest, a list of
soil map units on the map and extent of each map unit, and cartographic symbols
displayed on the map. Also presented are various metadata about data used to
produce the map, and a description of each soil map unit.
0

iV
W
n
5� 760860
35° 18' 22" N O
O
93
1
93
g
35° 18'9" N �
760860 760930 761000 761070 761140
3
N
Map Scale: 1:3,010 f printed on A landscape (11" x 8.5") sheet.
Meters
N
0 40 80 160 240
Feet
0 100 200 400 600
Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 17N WGS84
9
Custom Soil Resource Report
Soil Map
760930 761000 761070 761140 761210
761280 761350 761420
W
r
761490
35° 18' 22" N
E
o_
93
761210 761280 761350 761420
R
F3
N_
93
o_
35° 18'9nN
761490
3
ip
N
i"

MAP LEGEND
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Spoil Area
The soil surveys that comprise your AOI were mapped at
Soil Map Unit Polygons
im N
Soil Map Unit Lines
0
Soil Map Unit Points
Special
Point Features
{o)
Blowout
Warning: Soil Map may not be valid at this scale.
Borrow Pit
Wet Spot
Clay Spot
0
Closed Depression
Gravel Pit
Enlargement of maps beyond the scale of mapping can cause
Gravelly Spot
Other
Landfill
misunderstanding of the detail of mapping and accuracy of soil
Lava Flow
Special Line Features
Marsh or swamp
line placement. The maps do not show the small areas of
Mine or Quarry
Miscellaneous Water
(D
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
,_=j�
Severely Eroded Spot
s
Sinkhole
Rails
Slide or Slip
,•,.r
Sodic Spot
Custom Soil Resource Report
MAP INFORMATION
10
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Wayne County, North Carolina
Survey Area Data: Version 14, Sep 20, 2016
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Jul 20, 2010—Mar
17. 2011
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
Spoil Area
The soil surveys that comprise your AOI were mapped at
1:20,000.
Stony Spot
Very Stony Spot
Warning: Soil Map may not be valid at this scale.
i
Wet Spot
Enlargement of maps beyond the scale of mapping can cause
Other
misunderstanding of the detail of mapping and accuracy of soil
.�
Special Line Features
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
Water Features
scale.
Streams and Canals
Transportation
Please rely on the bar scale on each map sheet for map
Rails
measurements.
,•,.r
Interstate Highways
Source of Map: Natural Resources Conservation Service
US Routes
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Major Roads
Local Roads
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
Background
distance and area. A projection that preserves area, such as the
Aerial Photography
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
10
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Wayne County, North Carolina
Survey Area Data: Version 14, Sep 20, 2016
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Jul 20, 2010—Mar
17. 2011
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.

Custom Soil Resource Report
Map Unit Legend
Wayne County, North Carolina (NC191)
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
KaA
Kalmia loamy sand, 0 to 2
percent slopes
3.5
15.8%
NoA
Norfolk loamy sand, 0 to 2
percent slopes
3.8
2.5
16.9%
NoB
Norfolk loamy sand, 2 to 6
percent slopes
11.2%
We Weston loamy sand
(Woodington)
Totals for Area of Interest
12.5
56.1%
22.4
100.0%
Map Unit Descriptions
The map units delineated on the detailed soil maps in a soil survey represent the
soils or miscellaneous areas in the survey area. The map unit descriptions, along
with the maps, can be used to determine the composition and properties of a unit.
A map unit delineation on a soil map represents an area dominated by one or more
major kinds of soil or miscellaneous areas. A map unit is identified and named
according to the taxonomic classification of the dominant soils. Within a taxonomic
class there are precisely defined limits for the properties of the soils. On the
landscape, however, the soils are natural phenomena, and they have the
characteristic variability of all natural phenomena. Thus, the range of some
observed properties may extend beyond the limits defined for a taxonomic class.
Areas of soils of a single taxonomic class rarely, if ever, can be mapped without
including areas of other taxonomic classes. Consequently, every map unit is made
up of the soils or miscellaneous areas for which it is named and some minor
components that belong to taxonomic classes other than those of the major soils.
Most minor soils have properties similar to those of the dominant soil or soils in the
map unit, and thus they do not affect use and management. These are called
noncontrasting, or similar, components. They may or may not be mentioned in a
particular map unit description. Other minor components, however, have properties
and behavioral characteristics divergent enough to affect use or to require different
management. These are called contrasting, or dissimilar, components. They
generally are in small areas and could not be mapped separately because of the
scale used. Some small areas of strongly contrasting soils or miscellaneous areas
are identified by a special symbol on the maps. If included in the database for a
given area, the contrasting minor components are identified in the map unit
descriptions along with some characteristics of each. A few areas of minor
components may not have been observed, and consequently they are not
mentioned in the descriptions, especially where the pattern was so complex that it
was impractical to make enough observations to identify all the soils and
miscellaneous areas on the landscape.
11

Custom Soil Resource Report
The presence of minor components in a map unit in no way diminishes the
usefulness or accuracy of the data. The objective of mapping is not to delineate
pure taxonomic classes but rather to separate the landscape into landforms or
landform segments that have similar use and management requirements. The
delineation of such segments on the map provides sufficient information for the
development of resource plans. If intensive use of small areas is planned, however,
onsite investigation is needed to define and locate the soils and miscellaneous
areas.
An identifying symbol precedes the map unit name in the map unit descriptions.
Each description includes general facts about the unit and gives important soil
properties and qualities.
Soils that have profiles that are almost alike make up a soil series. Except for
differences in texture of the surface layer, all the soils of a series have major
horizons that are similar in composition, thickness, and arrangement.
Soils of one series can differ in texture of the surface layer, slope, stoniness,
salinity, degree of erosion, and other characteristics that affect their use. On the
basis of such differences, a soil series is divided into soil phases. Most of the areas
shown on the detailed soil maps are phases of soil series. The name of a soil phase
commonly indicates a feature that affects use or management. For example, Alpha
silt loam, 0 to 2 percent slopes, is a phase of the Alpha series.
Some map units are made up of two or more major soils or miscellaneous areas.
These map units are complexes, associations, or undifferentiated groups.
A complex consists of two or more soils or miscellaneous areas in such an intricate
pattern or in such small areas that they cannot be shown separately on the maps.
The pattern and proportion of the soils or miscellaneous areas are somewhat similar
in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example.
An association is made up of two or more geographically associated soils or
miscellaneous areas that are shown as one unit on the maps. Because of present
or anticipated uses of the map units in the survey area, it was not considered
practical or necessary to map the soils or miscellaneous areas separately. The
pattern and relative proportion of the soils or miscellaneous areas are somewhat
similar. Alpha -Beta association, 0 to 2 percent slopes, is an example.
An undifferentiated group is made up of two or more soils or miscellaneous areas
that could be mapped individually but are mapped as one unit because similar
interpretations can be made for use and management. The pattern and proportion
of the soils or miscellaneous areas in a mapped area are not uniform. An area can
be made up of only one of the major soils or miscellaneous areas, or it can be made
up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example.
Some surveys include miscellaneous areas. Such areas have little or no soil
material and support little or no vegetation. Rock outcrop is an example.
12

Custom Soil Resource Report
Wayne County, North Carolina
KaA—Kalmia loamy sand, 0 to 2 percent slopes
Map Unit Setting
National map unit symbol: 3wyn
Elevation: 80 to 330 feet
Mean annual precipitation: 38 to 55 inches
Mean annual air temperature: 59 to 70 degrees F
Frost -free period: 210 to 265 days
Farmland classification: All areas are prime farmland
Map Unit Composition
Kalmia and similar soils: 85 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Kalmia
Setting
Landform: Stream terraces
Landform position (three-dimensional): Tread
Down-slope shape: Convex
Across -slope shape: Convex
Parent material: Loamy alluvium over sandy alluvium
Typical profile
Ap - 0 to 8 inches: loamy sand
E - 8 to 12 inches: loamy sand
B - 12 to 32 inches: sandy clay loam
2C - 32 to 80 inches: loamy sand
Properties and qualities
Slope: 0 to 2 percent
Depth to restrictive feature: 20 to 40 inches to strongly contrasting textural
stratification
Natural drainage class: Well drained
Runoff class: Low
Capacity of the most limiting layer to transmit water (Ksat): Moderately high to
high (0.57 to 1.98 in/hr)
Depth to water table: About 40 to 72 inches
Frequency of flooding: Rare
Frequency of ponding: None
Available water storage in profile: Low (about 3.8 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 1
Hydrologic Soil Group: B
Hydric soil rating: No
13

Custom Soil Resource Report
NoA—Norfolk loamy sand, 0 to 2 percent slopes
Map Unit Setting
National map unit symbol: 2v75w
Elevation: 10 to 330 feet
Mean annual precipitation: 40 to 55 inches
Mean annual air temperature: 59 to 70 degrees F
Frost -free period: 200 to 280 days
Farmland classification: All areas are prime farmland
Map Unit Composition
Norfolk and similar soils: 83 percent
Minor components: 17 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Norfolk
Setting
Landform: Flats on marine terraces, broad interstream divides on marine terraces
Landform position (three-dimensional): Talf
Down-slope shape: Convex, linear
Across -slope shape: Convex, linear
Parent material: Loamy marine deposits
Typical profile
Ap - 0 to 8 inches: loamy sand
E - 8 to 14 inches: loamy sand
Bt - 14 to 65 inches: sandy clay loam
BC - 65 to 80 inches: sandy clay loam
Properties and qualities
Slope: 0 to 2 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Well drained
Capacity of the most limiting layer to transmit water (Ksat): Moderately high to
high (0.57 to 1.98 in/hr)
Depth to water table: About 40 to 72 inches
Frequency of flooding: None
Frequency of ponding: None
Available water storage in profile: Moderate (about 6.9 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 1
Hydrologic Soil Group: A
Hydric soil rating: No
Minor Components
Goldsboro
Percent of map unit: 9 percent
Landform: Flats on marine terraces, broad interstream divides on marine terraces
14

Custom Soil Resource Report
Landform position (three-dimensional): Talf
Down-slope shape: Linear
Across -slope shape: Linear
Hydric soil rating: No
Wagram
Percent of map unit: 8 percent
Landform: Ridges on marine terraces, broad interstream divides on marine
terraces
Landform position (two-dimensional): Summit, shoulder
Landform position (three-dimensional): Crest, talf
Down-slope shape: Convex
Across -slope shape: Convex
Hydric soil rating: No
NoB—Norfolk loamy sand, 2 to 6 percent slopes
Map Unit Setting
National map unit symbol: 2v75y
Elevation: 30 to 450 feet
Mean annual precipitation: 38 to 55 inches
Mean annual air temperature: 59 to 70 degrees F
Frost -free period: 200 to 280 days
Farmland classification: All areas are prime farmland
Map Unit Composition
Norfolk and similar soils: 83 percent
Minor components: 17 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Norfolk
Setting
Landform: Flats on marine terraces, broad interstream divides on marine terraces
Landform position (three-dimensional): Talf
Down-slope shape: Convex, linear
Across -slope shape: Convex, linear
Parent material: Loamy marine deposits
Typical profile
Ap - 0 to 8 inches: loamy sand
E - 8 to 14 inches: loamy sand
Bt - 14 to 65 inches: sandy clay loam
BC - 65 to 80 inches: sandy clay loam
Properties and qualities
Slope: 2 to 6 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Well drained
Capacity of the most limiting layer to transmit water (Ksat): Moderately high to
high (0.57 to 1.98 in/hr)
15

Custom Soil Resource Report
Depth to water table: About 40 to 72 inches
Frequency of flooding: None
Frequency of ponding: None
Available water storage in profile: Moderate (about 6.9 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 2e
Hydrologic Soil Group: A
Hydric soil rating: No
Minor Components
Wagram
Percent of map unit: 10 percent
Landform: Ridges on marine terraces, broad interstream divides on marine
terraces
Landform position (two-dimensional): Summit, shoulder
Landform position (three-dimensional): Riser, rise
Down-slope shape: Linear, convex
Across -slope shape: Convex
Hydric soil rating: No
Goldsboro
Percent of map unit: 7 percent
Landform: Flats on marine terraces, broad interstream divides on marine terraces
Landform position (three-dimensional): Talf
Down-slope shape: Linear
Across -slope shape: Linear
Hydric soil rating: No
We—Weston loamy sand (Woodington)
Map Unit Setting
National map unit symbol: 3wzp
Elevation: 80 to 330 feet
Mean annual precipitation: 38 to 55 inches
Mean annual air temperature: 59 to 70 degrees F
Frost -free period: 210 to 265 days
Farmland classification: Farmland of statewide importance
Map Unit Composition
Woodington, drained, and similar soils: 80 percent
Woodington, undrained, and similar soils: 10 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Woodington, Drained
Setting
Landform: Depressions on marine terraces, flats on marine terraces, broad
interstream divides on marine terraces
16

Custom Soil Resource Report
Down-slope shape: Linear
Across -slope shape: Concave
Parent material: Loamy marine deposits
Typical profile
Ap - 0 to 4 inches: loamy sand
E - 4 to 12 inches: loamy sand
Btg - 12 to 47 inches: sandy loam
Cg - 47 to 85 inches: sandy loam
Properties and qualities
Slope: 0 to 2 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Poorly drained
Runoff class: Very low
Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 5.95
in/hr)
Depth to water table: About 0 to 12 inches
Frequency of flooding: None
Frequency of ponding: None
Available water storage in profile: Moderate (about 7.0 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 3w
Hydrologic Soil Group: A/D
Hydric soil rating: Yes
Description of Woodington, Undrained
Setting
Landform: Depressions on marine terraces, flats on marine terraces, broad
interstream divides on marine terraces
Down-slope shape: Linear
Across -slope shape: Concave
Parent material: Loamy marine deposits
Typical profile
A - 0 to 4 inches: loamy sand
E - 4 to 12 inches: loamy sand
Btg - 12 to 47 inches: sandy loam
Cg - 47 to 85 inches: sandy loam
Properties and qualities
Slope: 0 to 2 percent
Depth to restrictive feature: More than 80 inches
Natural drainage class: Poorly drained
Runoff class: Very low
Capacity of the most limiting layer to transmit water (Ksat): High (1.98 to 5.95
in/hr)
Depth to water table: About 0 to 12 inches
Frequency of flooding: None
Frequency of ponding: None
Available water storage in profile: Moderate (about 7.0 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 6w
17

Custom Soil Resource Report
Hydrologic Soil Group: A/D
Hydric soil rating: Yes
18

References
American Association of State Highway and Transportation Officials (AASHTO).
2004. Standard specifications for transportation materials and methods of sampling
and testing. 24th edition.
American Society for Testing and Materials (ASTM). 2005. Standard classification of
soils for engineering purposes. ASTM Standard D2487-00.
Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of
wetlands and deep -water habitats of the United States. U.S. Fish and Wildlife
Service FWS/OBS-79/31.
Federal Register. July 13, 1994. Changes in hydric soils of the United States.
Federal Register. September 18, 2002. Hydric soils of the United States.
Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric
soils in the United States.
National Research Council. 1995. Wetlands: Characteristics and boundaries.
Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service.
U.S. Department of Agriculture Handbook 18. http://www.nres.usda.gov/wps/portal/
nres/detail/national/soils/?cid=nres142p2_054262
Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for
making and interpreting soil surveys. 2nd edition. Natural Resources Conservation
Service, U.S. Department of Agriculture Handbook 436. http://
www.nres.usda.gov/wps/portal/nres/detail/national/soils/?cid=nresl42p2_053577
Soil Survey Staff. 2010. Keys to soil taxonomy. 11th edition. U.S. Department of
Agriculture, Natural Resources Conservation Service. http://
www.nres.usda.gov/wps/portal/nres/detail/national/soils/?cid=nres142p2_053580
Tiner, R.W., Jr. 1985. Wetlands of Delaware. U.S. Fish and Wildlife Service and
Delaware Department of Natural Resources and Environmental Control, Wetlands
Section.
United States Army Corps of Engineers, Environmental Laboratory. 1987. Corps of
Engineers wetlands delineation manual. Waterways Experiment Station Technical
Report Y-87-1.
United States Department of Agriculture, Natural Resources Conservation Service.
National forestry manual. http://www.nres.usda.gov/wps/portal/nres/detail/soils/
home/?cid=nres142p2_053374
United States Department of Agriculture, Natural Resources Conservation Service.
National range and pasture handbook. http://www.nres.usda.gov/wps/portal/nres/
detail/national/landuse/rangepasture/?cid=stelprdb1043084
19

Custom Soil Resource Report
United States Department of Agriculture, Natural Resources Conservation Service.
National soil survey handbook, title 430 -VI. http://www.nres.usda.gov/wps/portal/
nres/detail/soils/scientists/?cid=nres142p2_054242
United States Department of Agriculture, Natural Resources Conservation Service.
2006. Land resource regions and major land resource areas of the United States,
the Caribbean, and the Pacific Basin. U.S. Department of Agriculture Handbook
296. http://www.nres.usda.gov/wps/portal/nres/detail/national/soils/?
cid=nres142p2_053624
United States Department of Agriculture, Soil Conservation Service. 1961. Land
capability classification. U.S. Department of Agriculture Handbook 210. http://
www.nrcs.usda.gov/lnternet/FSE—DOCUMENTS/nrcsl42p2_052290.pdf
20

Appendix E: Environmental Data Resources Inc. — Environmental Records Report
Weaver Farm Bank Parcel Development Plan Appendices

Weaver Farm
440 Weaver Rd
Goldsboro, NC 27530
Inquiry Number: 4903008.2s
April 10, 2017
6 Armstrong Road, 4th floor
Shelton, CT 06484
Toll Free: 800.352.0050
(rEDR www.edrnet.com
FORM -PBA -CCA

TABLE OF CONTENTS
SECTION
PAGE
Executive Summary
ES1
Overview Map-----------------------------------------------------------
2
DetailMap--------------------------------------------------------------
3
Map Findings Summary
4
MapFindings------------------------------------------------------------
8
Orphan Summary
9
Government Records Searched/Data Currency Tracking- - - - - - - - - - - - - -
- - - - - - - - - - - - GR -1
GEOCHECK ADDENDUM
Physical Setting Source Addendum
A-1
Physical Setting Source Summary
A-2
Physical Setting Source Map------------------------------------------------
A-7
Physical Setting Source Map Findings----------------------------------------
A-8
Physical Setting Source Records Searched
PSGR-1
Thank you for your business.
Please contact EDR at 1-800-352-0050
with any questions or comments.
Disclaimer - Copyright and Trademark Notice
This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data
Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from
other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL
DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL
ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE,
ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY
LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings,
environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor
should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I
Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any
property. Additionally, the information provided in this Report is not to be construed as legal advice.
Copyright 2017 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole
or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission.
EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other
trademarks used herein are the property of their respective owners.
TC4903008.2s Page 1

EXECUTIVE SUMMARY
A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR).
The report was designed to assist parties seeking to meet the search requirements of EPA's Standards
and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for
Environmental Site Assessments (E 1527-13) or custom requirements developed for the evaluation of
environmental risk associated with a parcel of real estate.
TARGET PROPERTY INFORMATION
ADDRESS
440 WEAVER RD
GOLDSBORO, NC 27530
COORDINATES
Latitude (North):
Longitude (West):
Universal Tranverse Mercator:
UTM X (Meters):
UTM Y (Meters):
Elevation:
35.3040940 - 35° 18' 14.73"
78.1272970 - 78° 7'38.26"
Zone 17
761208.1
3910354.5
100 ft. above sea level
USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY
Target Property Map:
Version Date:
East Map:
Version Date:
AERIAL PHOTOGRAPHY IN THIS REPORT
5947410 GRANTHAM, NC
2013
5948626 SOUTHWEST GOLDSBORO, NC
2013
Portions of Photo from: 20141018
Source: USDA
TC4903008.2s EXECUTIVE SUMMARY 1

Target Property Address:
440 WEAVER RD
GOLDSBORO, NC 27530
Click on Map ID to see full detail.
MAP
ID SITE NAME ADDRESS
NO MAPPED SITES FOUND
MAPPED SITES SUMMARY
DATABASE ACRONYMS
RELATIVE DIST (ft. & mi.)
ELEVATION DIRECTION
4903008.2s Page 2

EXECUTIVE SUMMARY
TARGET PROPERTY SEARCH RESULTS
The target property was not listed in any of the databases searched by EDR.
DATABASES WITH NO MAPPED SITES
No mapped sites were found in EDR's search of available ("reasonably ascertainable ") government
records either on the target property or within the search radius around the target property for the
following databases:
STANDARD ENVIRONMENTAL RECORDS
Federal NPL site list
NPL National Priority List
Proposed NPL---------------- Proposed National Priority List Sites
NPL LIENS Federal Superfund Liens
Federal Delisted NPL site list
Delisted NPL National Priority List Deletions
Federal CERCLIS list
FEDERAL FACILITY---------. Federal Facility Site Information listing
SEMS Superfund Enterprise Management System
Federal CERCLIS NFRAP site list
SEMS -ARCHIVE Superfund Enterprise Management System Archive
Federal RCRA CORRACTS facilities list
CORRACTS------------------ Corrective Action Report
Federal RCRA non-CORRACTS TSD facilities list
RCRA-TSDF RCRA - Treatment, Storage and Disposal
Federal RCRA generators list
RCRA-LQG RCRA - Large Quantity Generators
RCRA-SQG------------------ RCRA - Small Quantity Generators
RCRA-CESQG RCRA - Conditionally Exempt Small Quantity Generator
Federal institutional controls /engineering controls registries
LUCIS Land Use Control Information System
US ENG CONTROLS --------- Engineering Controls Sites List
TC4903008.2s EXECUTIVE SUMMARY 3

EXECUTIVE SUMMARY
US INST CONTROL_ _ _ _ _ _ _ _ _ _ Sites with Institutional Controls
Federal ERNS list
ERNS Emergency Response Notification System
State- and tribal - equivalent NPL
NC HSDS Hazardous Substance Disposal Site
State- and tribal - equivalent CERCLIS
SHWS------------------------ Inactive Hazardous Sites Inventory
State and tribal landfill and/or solid waste disposal site lists
SWF/LF List of Solid Waste Facilities
OLI Old Landfill Inventory
State and tribal leaking storage tank lists
LUST ------------------------- Regional UST Database
LAST Leaking Aboveground Storage Tanks
INDIAN LUST Leaking Underground Storage Tanks on Indian Land
LUST TRUST ----------------- State Trust Fund Database
State and tribal registered storage tank lists
FEMA UST Underground Storage Tank Listing
UST Petroleum Underground Storage Tank Database
AST__________________________ AST Database
INDIAN UST Underground Storage Tanks on Indian Land
State and tribal institutional control / engineering control registries
INST CONTROL No Further Action Sites With Land Use Restrictions Monitoring
State and tribal voluntary cleanup sites
INDIAN VCP ------------------ Voluntary Cleanup Priority Listing
VCP Responsible Party Voluntary Action Sites
State and tribal Brownfields sites
BROWNFIELDS Brownfields Projects Inventory
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
US BROWNFIELDS__________ A Listing of Brownfields Sites
Local Lists of Landfill / Solid Waste Disposal Sites
HIST LF Solid Waste Facility Listing
TC4903008.2s EXECUTIVE SUMMARY 4

EXECUTIVE SUMMARY
SWRCY______________________ Recycling Center Listing
INDIAN ODI Report on the Status of Open Dumps on Indian Lands
DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations
ODI-------------------------- Open Dump Inventory
IHS OPEN DUMPS Open Dumps on Indian Land
Local Lists of Hazardous waste / Contaminated Sites
US HIST CDL Delisted National Clandestine Laboratory Register
US CDL______________________ National Clandestine Laboratory Register
Local Land Records
LIENS 2 CERCLA Lien Information
Records of Emergency Release Reports
HMIRS
Hazardous Materials Information Reporting System
SPILLS_______________________
Spills Incident Listing
IMD
Incident Management Database
SPILLS 90
SPILLS 90 data from FirstSearch
SPILLS 80 --------------------
SPILLS 80 data from FirstSearch
Other Ascertainable Records
RCRA NonGen / NLR
RCRA - Non Generators / No Longer Regulated
FUDS
Formerly Used Defense Sites
DOD_________________________
Department of Defense Sites
SCRD DRYCLEANERS
State Coalition for Remediation of Drycleaners Listing
US FIN ASSUR
Financial Assurance Information
EPA WATCH LIST ------------
EPA WATCH LIST
2020 COR ACTION
2020 Corrective Action Program List
TSCA
Toxic Substances Control Act
TRIS_________________________
Toxic Chemical Release Inventory System
SSTS
Section 7 Tracking Systems
ROD
Records Of Decision
RMP_________________________
Risk Management Plans
RAATS
RCRA Administrative Action Tracking System
PRP
Potentially Responsible Parties
PADS________________________
PCB Activity Database System
ICIS
Integrated Compliance Information System
FTTS
FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide
Act)/TSCA (Toxic Substances Control Act)
MLTS
Material Licensing Tracking System
COAL ASH DOE
Steam -Electric Plant Operation Data
COAL ASH EPA--------------
Coal Combustion Residues Surface Impoundments List
PCB TRANSFORMER
PCB Transformer Registration Database
RADINFO
Radiation Information Database
HIST FTTS___________________
FIFRA/TSCA Tracking System Administrative Case Listing
DOT OPS
Incident and Accident Data
CONSENT
Superfund (CERCLA) Consent Decrees
INDIAN RESERV_____________
Indian Reservations
FUSRAP
Formerly Utilized Sites Remedial Action Program
UMTRA
Uranium Mill Tailings Sites
LEAD SMELTERS ------------
Lead Smelter Sites
TC4903008.2s EXECUTIVE SUMMARY 5

EXECUTIVE SUMMARY
US AIRS---------------------
Aerometric Information Retrieval System Facility Subsystem
US MINES --------------------
Mines Master Index File
FINDS
Facility Index System/Facility Registry System
UXO --------------------------
Unexploded Ordnance Sites
DOCKET HWC
Hazardous Waste Compliance Docket Listing
COAL ASH
Coal Ash Disposal Sites
DRYCLEANERS--------------
Drycleaning Sites
Financial Assurance
Financial Assurance Information Listing
NPDES
NPDES Facility Location Listing
UIC---------------------------
Underground Injection Wells Listing
ABANDONED MINES
Abandoned Mines
ECHO
Enforcement & Compliance History Information
FUELS PROGRAM-----------
EPA Fuels Program Registered Listing
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
EDR MGP EDR Proprietary Manufactured Gas Plants
EDR Hist Auto EDR Exclusive Historic Gas Stations
EDR Hist Cleaner_ _ _ _ _ _ _ _ _ _ _ _ . EDR Exclusive Historic Dry Cleaners
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt. Archives
RGA HWS Recovered Government Archive State Hazardous Waste Facilities List
RGA LF Recovered Government Archive Solid Waste Facilities List
RGA LUST_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Recovered Government Archive Leaking Underground Storage Tank
SURROUNDING SITES: SEARCH RESULTS
Surrounding sites were not identified.
Unmappable (orphan) sites are not considered in the foregoing analysis.
TC4903008.2s EXECUTIVE SUMMARY 6

EXECUTIVE SUMMARY
There were no unmapped sites in this report.
TC4903008.2s EXECUTIVE SUMMARY 7

OVERVIEW MAP - 4903008.2S
This report includes Interactive Map Layers to
display and/or hide map information. The
legend includes only those icons for the
default map view.
SITE NAME: Weaver Farm CLIENT: Restoration Systems, LLC
ADDRESS: 440 Weaver Rd CONTACT: Raymond Holz
Goldsboro NC 27530 INQUIRY #: 4903008.2s
LAT/LONG: 35.304094 / 78.127297 DATE: April 10, 2017 10:08 am
Copyright (o 2017 EDR, Inc. uz 2015 TomTom Rel. 2015.
Target Property
o a 1/2sues
A,
Sites at elevations higher than
or equal to the target property
Indian Reservations BIA Hazardous Substance
�
Sites at elevations lower than
Disposal Sites
100 -year flood zone
the target property
0
500 -year flood zone
1
Manufactured Gas Plants
0
National Wetland Inventory
El
National Priority List Sites
Dept. Defense Sites
0
State Wetlands
This report includes Interactive Map Layers to
display and/or hide map information. The
legend includes only those icons for the
default map view.
SITE NAME: Weaver Farm CLIENT: Restoration Systems, LLC
ADDRESS: 440 Weaver Rd CONTACT: Raymond Holz
Goldsboro NC 27530 INQUIRY #: 4903008.2s
LAT/LONG: 35.304094 / 78.127297 DATE: April 10, 2017 10:08 am
Copyright (o 2017 EDR, Inc. uz 2015 TomTom Rel. 2015.

7
9
0
DETAIL MAP - 4903008.2S
7-
r
0 1/16 1/9 1/4 Miles
0 Indian Reservations BIA Hazardous Substance
0 100 -year flood zone Disposal Sites
0 500 -year flood zone
National Wetland Inventory
0 State Wetlands
This report includes Interactive Map Layers to
display and/or hide map information. The
legend includes only those icons for the
default map view.
SITE NAME: Weaver Farm CLIENT: Restoration Systems, LLC
ADDRESS: 440 Weaver Rd CONTACT: Raymond Holz
Goldsboro NC 27530 INQUIRY #: 4903008.2s
LAT/LONG: 35.304094 / 78.127297 DATE: April 10, 2017 10:11 am
Copyright (o 2017 EDR, Inc. (c) 2015 TornToro Rel. 2016.
Target Property
A,
Sites at elevations higher than
or equal to the target property
Sites at elevations lower than
the target property
A
Manufactured Gas Plants
r
Sensitive Receptors
National Priority List Sites
Dept. Defense Sites
DETAIL MAP - 4903008.2S
7-
r
0 1/16 1/9 1/4 Miles
0 Indian Reservations BIA Hazardous Substance
0 100 -year flood zone Disposal Sites
0 500 -year flood zone
National Wetland Inventory
0 State Wetlands
This report includes Interactive Map Layers to
display and/or hide map information. The
legend includes only those icons for the
default map view.
SITE NAME: Weaver Farm CLIENT: Restoration Systems, LLC
ADDRESS: 440 Weaver Rd CONTACT: Raymond Holz
Goldsboro NC 27530 INQUIRY #: 4903008.2s
LAT/LONG: 35.304094 / 78.127297 DATE: April 10, 2017 10:11 am
Copyright (o 2017 EDR, Inc. (c) 2015 TornToro Rel. 2016.

MAP FINDINGS SUMMARY
Search
Distance Target
Total
Database (Miles) Property
< 1/8
1/8-1/4
1/4-1/2
1/2 - 1
> 1
Plotted
STANDARD ENVIRONMENTAL RECORDS
Federal NPL site list
NPL 1.000
0
0
0
0
NR
0
Proposed NPL 1.000
0
0
0
0
NR
0
NPL LIENS TP
NR
NR
NR
NR
NR
0
Federal Delisted NPL site list
Delisted NPL 1.000
0
0
0
0
NR
0
Federal CERCUS list
FEDERAL FACILITY 0.500
0
0
0
NR
NR
0
SEMS 0.500
0
0
0
NR
NR
0
Federal CERCLIS NFRAP site list
SEMS -ARCHIVE 0.500
0
0
0
NR
NR
0
Federal RCRA CORRACTS facilities list
CORRACTS 1.000
0
0
0
0
NR
0
Federal RCRA non-CORRACTS TSD facilities list
RCRA-TSDF 0.500
0
0
0
NR
NR
0
Federal RCRA generators list
RCRA-LQG 0.250
0
0
NR
NR
NR
0
RCRA-SQG 0.250
0
0
NR
NR
NR
0
RCRA-CESQG 0.250
0
0
NR
NR
NR
0
Federal institutional controls /
engineering controls registries
LUCIS 0.500
0
0
0
NR
NR
0
US ENG CONTROLS 0.500
0
0
0
NR
NR
0
US INST CONTROL 0.500
0
0
0
NR
NR
0
Federal ERNS list
ERNS TP
NR
NR
NR
NR
NR
0
State- and tribal - equivalent NPL
NC HSDS 1.000
0
0
0
0
NR
0
State- and tribal - equivalent CERCLIS
SHWS 1.000
0
0
0
0
NR
0
State and tribal landfill and/or
solid waste disposal site lists
SWF/LF 0.500
0
0
0
NR
NR
0
OLI 0.500
0
0
0
NR
NR
0
State and tribal leaking storage tank lists
LUST 0.500
0
0
0
NR
NR
0
TC4903008.2s Page 4

Database
MAP FINDINGS SUMMARY
Search
Distance Target Total
(Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted
LAST 0.500
0
0
0
NR
NR
0
INDIAN LUST 0.500
0
0
0
NR
NR
0
LUST TRUST 0.500
0
0
0
NR
NR
0
State and tribal registered storage tank lists
US HIST CDL
TP
US CDL
TP
Local Land Records
0
FEMA UST 0.250
0
0
NR
NR
NR
0
UST 0.250
0
0
NR
NR
NR
0
AST 0.250
0
0
NR
NR
NR
0
INDIAN UST 0.250
0
0
NR
NR
NR
0
State and tribal institutional
control / engineering control registries
INST CONTROL 0.500
State and tribal voluntary cleanup sites
INDIAN VCP 0.500
VCP 0.500
State and tribal Brownfields sites
BROWNFIELDS 0.500
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
0
US BROWNFIELDS
0.500
Local Lists of Landfill/ Solid
Waste Disposal Sites
NR
HIST LF
0.500
SWRCY
0.500
INDIAN ODI
0.500
DEBRIS REGION 9
0.500
ODI
0.500
IHS OPEN DUMPS
0.500
Local Lists of Hazardous waste /
Contaminated Sites
0
US HIST CDL
TP
US CDL
TP
Local Land Records
0
LIENS 2
TP
Records of Emergency Release Reports
HMIRS
TP
SPILLS
TP
I M D
0.500
SPILLS 90
TP
SPILLS 80
TP
Other Ascertainable Records
RCRA NonGen / NLR
0.250
0 0
0
NR
NR 0
0 0
0
NR
NR 0
0 0
0
NR
NR 0
0 0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
0
0
0
NR
NR 0
NR
NR
NR
NR
NR 0
NR
NR
NR
NR
NR 0
NR
NR
NR
NR
NR 0
NR
NR
NR
NR
NR 0
NR
NR
NR
NR
NR 0
0
0
0
NR
NR 0
NR
NR
NR
NR
NR 0
NR
NR
NR
NR
NR 0
0
0
NR
NR
NR 0
TC4903008.2s Page 5

MAP FINDINGS SUMMARY
QCa:IRUN NE9.16.1& 91,0LH,1w1=1919E-7DR
EDR Exclusive Records
Search
EDR MGP 1.000
0
Distance Target
0
0
NR
0
EDR Hist Auto 0.125
Total
Database
(Miles) Property
< 1/8
1/8 - 1/4
1/4-1/2
1/2 - 1
> 1
Plotted
FUDS
1.000
0
0
0
0
NR
0
DOD
1.000
0
0
0
0
NR
0
SCRD DRYCLEANERS
0.500
0
0
0
NR
NR
0
US FIN ASSUR
TP
NR
NR
NR
NR
NR
0
EPA WATCH LIST
TP
NR
NR
NR
NR
NR
0
2020 COR ACTION
0.250
0
0
NR
NR
NR
0
TSCA
TP
NR
NR
NR
NR
NR
0
TRIS
TP
NR
NR
NR
NR
NR
0
SSTS
TP
NR
NR
NR
NR
NR
0
ROD
1.000
0
0
0
0
NR
0
RMP
TP
NR
NR
NR
NR
NR
0
RAATS
TP
NR
NR
NR
NR
NR
0
PRP
TP
NR
NR
NR
NR
NR
0
PADS
TP
NR
NR
NR
NR
NR
0
ICIS
TP
NR
NR
NR
NR
NR
0
FTTS
TP
NR
NR
NR
NR
NR
0
MLTS
TP
NR
NR
NR
NR
NR
0
COAL ASH DOE
TP
NR
NR
NR
NR
NR
0
COAL ASH EPA
0.500
0
0
0
NR
NR
0
PCB TRANSFORMER
TP
NR
NR
NR
NR
NR
0
RADINFO
TP
NR
NR
NR
NR
NR
0
HIST FTTS
TP
NR
NR
NR
NR
NR
0
DOT OPS
TP
NR
NR
NR
NR
NR
0
CONSENT
1.000
0
0
0
0
NR
0
INDIAN RESERV
1.000
0
0
0
0
NR
0
FUSRAP
1.000
0
0
0
0
NR
0
UMTRA
0.500
0
0
0
NR
NR
0
LEAD SMELTERS
TP
NR
NR
NR
NR
NR
0
US AIRS
TP
NR
NR
NR
NR
NR
0
US MINES
0.250
0
0
NR
NR
NR
0
FINDS
TP
NR
NR
NR
NR
NR
0
UXO
1.000
0
0
0
0
NR
0
DOCKET HWC
TP
NR
NR
NR
NR
NR
0
COAL ASH
0.500
0
0
0
NR
NR
0
DRYCLEANERS
0.250
0
0
NR
NR
NR
0
Financial Assurance
TP
NR
NR
NR
NR
NR
0
NPDES
TP
NR
NR
NR
NR
NR
0
UIC
TP
NR
NR
NR
NR
NR
0
ABANDONED MINES
0.500
0
0
0
NR
NR
0
ECHO
TP
NR
NR
NR
NR
NR
0
FUELS PROGRAM
0.250
0
0
NR
NR
NR
0
QCa:IRUN NE9.16.1& 91,0LH,1w1=1919E-7DR
EDR Exclusive Records
EDR MGP 1.000
0
0
0
0
NR
0
EDR Hist Auto 0.125
0
NR
NR
NR
NR
0
EDR Hist Cleaner 0.125
0
NR
NR
NR
NR
0
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt. Archives
RGA HWS TP
NR
NR
NR
NR
NR
0
TC4903008.2s Page 6

Database
RGA LF
RGA LUST
- Totals --
MAP FINDINGS SUMMARY
Search
Distance Target
(Miles) Property
TP
TP
0
NOTES:
TP = Target Property
NR = Not Requested at this Search Distance
Sites may be listed in more than one database
TC4903008.2s Page 7
Total
< 1/8
1/8-1/4
1/4-1/2
1/2-1 > 1
Plotted
NR
NR
NR
NR NR
0
NR
NR
NR
NR NR
0
0
0
0
0 0
0
TC4903008.2s Page 7

Map ID MAP FINDINGS
Direction
Distance EDR ID Number
Elevation Site Database(s) EPA ID Number
NO SITES FOUND
TC4903008.2s Page 8

Count: 0 records.
ORPHAN SUMMARY
City EDR ID Site Name Site Address Zip Database(s)
NO SITES FOUND
TC4903008.2s Page 9

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
To maintain currency of the following federal and state databases, EDR contacts the appropriate governmental agency
on a monthly or quarterly basis, as required.
Number of Days to Update: Provides confirmation that EDR is reporting records that have been updated within 90 days
from the date the government agency made the information available to the public.
STANDARD ENVIRONMENTAL RECORDS
Federal NPL site list
NPL: National Priority List
National Priorities List (Superfund). The NPL is a subset of CERCLIS and identifies over 1,200 sites for priority
cleanup under the Superfund Program. NPL sites may encompass relatively large areas. As such, EDR provides polygon
coverage for over 1,000 NPL site boundaries produced by EPA's Environmental Photographic Interpretation Center
(EPIC) and regional EPA offices.
Date of Government Version: 12/05/2016
Date Data Arrived at EDR: 01/05/2017
Date Made Active in Reports: 02/03/2017
Number of Days to Update: 29
NPL Site Boundaries
Source: EPA
Telephone: N/A
Last EDR Contact: 04/07/2017
Next Scheduled EDR Contact: 07/17/2017
Data Release Frequency: Quarterly
Sources:
EPA's Environmental Photographic Interpretation Center (EPIC)
Telephone: [phone]
EPA Region 1
Telephone [phone]
EPA Region 3
Telephone [phone]
EPA Region 4
Telephone [phone]
EPA Region 5
Telephone [phone]
EPA Region 10
Telephone [phone]
EPA Region 6
Telephone: [phone]
EPA Region 7
Telephone: [phone]
EPA Region 8
Telephone: [phone]
EPA Region 9
Telephone: [phone]
Proposed NPL: Proposed National Priority List Sites
A site that has been proposed for listing on the National Priorities List through the issuance of a proposed rule
in the Federal Register. EPA then accepts public comments on the site, responds to the comments, and places on
the NPL those sites that continue to meet the requirements for listing.
Date of Government Version: 12/05/2016
Date Data Arrived at EDR: 01/05/2017
Date Made Active in Reports: 02/03/2017
Number of Days to Update: 29
Source: EPA
Telephone: N/A
Last EDR Contact: 04/07/2017
Next Scheduled EDR Contact: 07/17/2017
Data Release Frequency: Quarterly
NPL LIENS: Federal Superfund Liens
Federal Superfund Liens. Under the authority granted the USEPA by CERCLA of 1980, the USEPA has the authority
to file liens against real property in order to recover remedial action expenditures or when the property owner
received notification of potential liability. USEPA compiles a listing of filed notices of Superfund Liens.
Date of Government Version: 10/15/1991
Date Data Arrived at EDR: 02/02/1994
Date Made Active in Reports: 03/30/1994
Number of Days to Update: 56
Source: EPA
Telephone: [phone]
Last EDR Contact: 08/15/2011
Next Scheduled EDR Contact: 11/28/2011
Data Release Frequency: No Update Planned
TC4903008.2s Page GR -1

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
Federal Delisted NPL site list
Delisted NPL: National Priority List Deletions
The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) establishes the criteria that the
EPA uses to delete sites from the NPL. In accordance with 40 CFR 300.425.(e), sites may be deleted from the
NPL where no further response is appropriate.
Date of Government Version: 12/05/2016
Date Data Arrived at EDR: 01/05/2017
Date Made Active in Reports: 02/03/2017
Number of Days to Update: 29
Federal CERCLIS list
Source: EPA
Telephone: N/A
Last EDR Contact: 04/07/2017
Next Scheduled EDR Contact: 07/17/2017
Data Release Frequency: Quarterly
FEDERAL FACILITY: Federal Facility Site Information listing
A listing of National Priority List (NPL) and Base Realignment and Closure (BRAC) sites found in the Comprehensive
Environmental Response, Compensation and Liability Information System (CERCLIS) Database where EPA Federal Facilities
Restoration and Reuse Office is involved in cleanup activities.
Date of Government Version: 11/07/2016
Date Data Arrived at EDR: 01/05/2017
Date Made Active in Reports: 04/07/2017
Number of Days to Update: 92
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 04/07/2017
Next Scheduled EDR Contact: 07/17/2017
Data Release Frequency: Varies
SEMS: Superfund Enterprise Management System
SEMS (Superfund Enterprise Management System) tracks hazardous waste sites, potentially hazardous waste sites,
and remedial activities performed in support of EPA's Superfund Program across the United States. The list was
formerly know as CERCLIS, renamed to SEMS by the EPA in 2015. The list contains data on potentially hazardous
waste sites that have been reported to the USEPA by states, municipalities, private companies and private persons,
pursuant to Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
This dataset also contains sites which are either proposed to or on the National Priorities List (NPL) and the
sites which are in the screening and assessment phase for possible inclusion on the NPL.
Date of Government Version: 10/10/2016
Date Data Arrived at EDR: 10/20/2016
Date Made Active in Reports: 01/06/2017
Number of Days to Update: 78
Federal CERCLIS NFRAP site list
Source: EPA
Telephone: [phone]
Last EDR Contact: 03/02/2017
Next Scheduled EDR Contact: 05/01/2017
Data Release Frequency: Quarterly
SEMS -ARCHIVE: Superfund Enterprise Management System Archive
TC4903008.2s Page GR -2

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
SEMS -ARCHIVE (Superfund Enterprise Management System Archive) tracks sites that have no further interest under
the Federal Superfund Program based on available information. The list was formerly known as the CERCLIS-NFRAP,
renamed to SEMS ARCHIVE by the EPA in 2015. EPA may perform a minimal level of assessment work at a site while
it is archived if site conditions change and/or new information becomes available. Archived sites have been removed
and archived from the inventory of SEMS sites. Archived status indicates that, to the best of EPA's knowledge,
assessment at a site has been completed and that EPA has determined no further steps will be taken to list the
site on the National Priorities List (NPL), unless information indicates this decision was not appropriate or
other considerations require a recommendation for listing at a later time. The decision does not necessarily mean
that there is no hazard associated with a given site; it only means that. based upon available information, the
location is not judged to be potential NPL site.
Date of Government Version: 10/10/2016
Date Data Arrived at EDR: 10/20/2016
Date Made Active in Reports: 01/06/2017
Number of Days to Update: 78
Federal RCRA CORRACTS facilities list
Source: EPA
Telephone: [phone]
Last EDR Contact: 03/02/2017
Next Scheduled EDR Contact: 05/01/2017
Data Release Frequency: Quarterly
CORRACTS: Corrective Action Report
CORRACTS identifies hazardous waste handlers with RCRA corrective action activity.
Date of Government Version: 12/12/2016
Date Data Arrived at EDR: 12/28/2016
Date Made Active in Reports: 02/10/2017
Number of Days to Update: 44
Federal RCRA non-CORRACTS TSD facilities list
Source: EPA
Telephone: [phone]
Last EDR Contact: 03/02/2017
Next Scheduled EDR Contact: 04/10/2017
Data Release Frequency: Quarterly
RCRA-TSDF: RCRA - Treatment, Storage and Disposal
RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation
and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database
includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste
as defined by the Resource Conservation and Recovery Act (RCRA). Transporters are individuals or entities that
move hazardous waste from the generator offsite to a facility that can recycle, treat, store, or dispose of the
waste. TSDFs treat, store, or dispose of the waste.
Date of Government Version: 12/12/2016
Date Data Arrived at EDR: 12/28/2016
Date Made Active in Reports: 02/10/2017
Number of Days to Update: 44
Federal RCRA generators list
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 03/02/2017
Next Scheduled EDR Contact: 04/10/2017
Data Release Frequency: Quarterly
RCRA-LQG: RCRA - Large Quantity Generators
RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation
and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database
includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste
as defined by the Resource Conservation and Recovery Act (RCRA). Large quantity generators (LQGs) generate
over 1,000 kilograms (kg) of hazardous waste, or over 1 kg of acutely hazardous waste per month.
Date of Government Version: 12/12/2016
Date Data Arrived at EDR: 12/28/2016
Date Made Active in Reports: 02/10/2017
Number of Days to Update: 44
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 03/02/2017
Next Scheduled EDR Contact: 04/10/2017
Data Release Frequency: Quarterly
TC4903008.2s Page GR -3

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
RCRA-SQG: RCRA - Small Quantity Generators
RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation
and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database
includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste
as defined by the Resource Conservation and Recovery Act (RCRA). Small quantity generators (SQGs) generate
between 100 kg and 1,000 kg of hazardous waste per month.
Date of Government Version: 12/12/2016
Date Data Arrived at EDR: 12/28/2016
Date Made Active in Reports: 02/10/2017
Number of Days to Update: 44
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 03/02/2017
Next Scheduled EDR Contact: 04/10/2017
Data Release Frequency: Quarterly
RCRA-CESQG: RCRA - Conditionally Exempt Small Quantity Generators
RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation
and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database
includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste
as defined by the Resource Conservation and Recovery Act (RCRA). Conditionally exempt small quantity generators
(CESQGs) generate less than 100 kg of hazardous waste, or less than 1 kg of acutely hazardous waste per month.
Date of Government Version: 12/12/2016
Date Data Arrived at EDR: 12/28/2016
Date Made Active in Reports: 02/10/2017
Number of Days to Update: 44
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 03/02/2017
Next Scheduled EDR Contact: 04/10/2017
Data Release Frequency: Varies
Federal institutional controls / engineering controls registries
LUCIS: Land Use Control Information System
LUCIS contains records of land use control information pertaining to the former Navy Base Realignment and Closure
properties.
Date of Government Version: 12/28/2016
Date Data Arrived at EDR: 01/04/2017
Date Made Active in Reports: 04/07/2017
Number of Days to Update: 93
Source: Department of the Navy
Telephone: [phone]
Last EDR Contact: 02/13/2017
Next Scheduled EDR Contact: 05/29/2017
Data Release Frequency: Varies
US ENG CONTROLS: Engineering Controls Sites List
A listing of sites with engineering controls in place. Engineering controls include various forms of caps, building
foundations, liners, and treatment methods to create pathway elimination for regulated substances to enter environmental
media or effect human health.
Date of Government Version: 11/15/2016
Date Data Arrived at EDR: 11/29/2016
Date Made Active in Reports: 02/03/2017
Number of Days to Update: 66
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 02/28/2017
Next Scheduled EDR Contact: 06/12/2017
Data Release Frequency: Varies
US INST CONTROL: Sites with Institutional Controls
A listing of sites with institutional controls in place. Institutional controls include administrative measures,
such as groundwater use restrictions, construction restrictions, property use restrictions, and post remediation
care requirements intended to prevent exposure to contaminants remaining on site. Deed restrictions are generally
required as part of the institutional controls.
Date of Government Version: 11/15/2016
Date Data Arrived at EDR: 11/29/2016
Date Made Active in Reports: 02/03/2017
Number of Days to Update: 66
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 02/28/2017
Next Scheduled EDR Contact: 06/12/2017
Data Release Frequency: Varies
TC4903008.2s Page GR -4

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
Federal ERNS list
ERNS: Emergency Response Notification System
Emergency Response Notification System. ERNS records and stores information on reported releases of oil and hazardous
substances.
Date of Government Version: 09/26/2016 Source: National Response Center, United States Coast Guard
Date Data Arrived at EDR: 09/29/2016 Telephone: [phone]
Date Made Active in Reports: 11/11/2016 Last EDR Contact: 03/29/2017
Number of Days to Update: 43 Next Scheduled EDR Contact: 07/10/2017
Data Release Frequency: Annually
State- and tribal - equivalent NPL
HSDS: Hazardous Substance Disposal Site
Locations of uncontrolled and unregulated hazardous waste sites. The file includes sites on the National Priority
List as well as those on the state priority list.
Date of Government Version: 08/09/2011 Source: North Carolina Center for Geographic Information and Analysis
Date Data Arrived at EDR: 11/08/2011 Telephone: [phone]
Date Made Active in Reports: 12/05/2011 Last EDR Contact: 03/09/2017
Number of Days to Update: 27 Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Biennially
State- and tribal - equivalent CERCLIS
SHWS: Inactive Hazardous Sites Inventory
State Hazardous Waste Sites. State hazardous waste site records are the states' equivalent to CERCLIS. These sites
may or may not already be listed on the federal CERCLIS list. Priority sites planned for cleanup using state funds
(state equivalent of Superfund) are identified along with sites where cleanup will be paid for by potentially
responsible parties. Available information varies by state.
Date of Government Version: 10/07/2016 Source: Department of Environment, Health and Natural Resources
Date Data Arrived at EDR: 12/15/2016 Telephone: [phone]
Date Made Active in Reports: 03/06/2017 Last EDR Contact: 03/15/2017
Number of Days to Update: 81 Next Scheduled EDR Contact: 06/26/2017
Data Release Frequency: Quarterly
State and tribal landfill and/or solid waste disposal site lists
SWF/LF: List of Solid Waste Facilities
Solid Waste Facilities/Landfill Sites. SWF/LF type records typically contain an inventory of solid waste disposal
facilities or landfills in a particular state. Depending on the state, these may be active or inactive facilities
or open dumps that failed to meet RCRA Subtitle D Section 4004 criteria for solid waste landfills or disposal
sites.
Date of Government Version: 11/17/2016 Source: Department of Environment and Natural Resources
Date Data Arrived at EDR: 12/28/2016 Telephone: [phone]
Date Made Active in Reports: 03/08/2017 Last EDR Contact: 03/31/2017
Number of Days to Update: 70 Next Scheduled EDR Contact: 07/10/2017
Data Release Frequency: Semi -Annually
OLI: Old Landfill Inventory
Old landfill inventory location information. (Does not include no further action sites and other agency lead
sites).
Date of Government Version: 08/08/2016 Source: Department of Environment & Natural Resources
Date Data Arrived at EDR: 01/17/2017 Telephone: [phone]
Date Made Active in Reports: 03/08/2017 Last EDR Contact: 01/10/2017
Number of Days to Update: 50 Next Scheduled EDR Contact: 04/24/2017
Data Release Frequency: Varies
TC4903008.2s Page GR -5

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
State and tribal leaking storage tank lists
LUST: Regional UST Database
This database contains information obtained from the Regional Offices. It provides a more detailed explanation
of current and historic activity for individual sites, as well as what was previously found in the Incident Management
Database. Sites in this database with Incident Numbers are considered LUSTs.
Date of Government Version: 11/07/2016 Source: Department of Environment and Natural Resources
Date Data Arrived at EDR: 11/09/2016 Telephone: [phone]
Date Made Active in Reports: 03/06/2017 Last EDR Contact: 02/08/2017
Number of Days to Update: 117 Next Scheduled EDR Contact: 05/22/2017
Data Release Frequency: Quarterly
LAST: Leaking Aboveground Storage Tanks
A listing of leaking aboveground storage tank site locations.
Date of Government Version: 10/07/2016 Source: Department of Environment & Natural Resources
Date Data Arrived at EDR: 11/09/2016 Telephone: [phone]
Date Made Active in Reports: 03/06/2017 Last EDR Contact: 02/08/2017
Number of Days to Update: 117 Next Scheduled EDR Contact: 05/22/2017
Data Release Frequency: Quarterly
INDIAN LUST R5: Leaking Underground Storage Tanks on Indian Land
Leaking underground storage tanks located on Indian Land in Michigan, Minnesota and Wisconsin.
Date of Government Version: 02/17/2016
Date Data Arrived at EDR: 04/27/2016
Date Made Active in Reports: 06/03/2016
Number of Days to Update: 37
Source: EPA, Region 5
Telephone: [phone]
Last EDR Contact: 01/26/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Varies
INDIAN LUST R10: Leaking Underground Storage Tanks on Indian Land
LUSTS on Indian land in Alaska, Idaho, Oregon and Washington.
Date of Government Version: 01/07/2016
Date Data Arrived at EDR: 01/08/2016
Date Made Active in Reports: 02/18/2016
Number of Days to Update: 41
Source: EPA Region 10
Telephone: [phone]
Last EDR Contact: 01/26/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Quarterly
INDIAN LUST R9: Leaking Underground Storage Tanks on Indian Land
LUSTs on Indian land in Arizona, California, New Mexico and Nevada
Date of Government Version: 02/25/2016
Date Data Arrived at EDR: 04/27/2016
Date Made Active in Reports: 06/03/2016
Number of Days to Update: 37
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 01/26/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Quarterly
INDIAN LUST R8: Leaking Underground Storage Tanks on Indian Land
LUSTs on Indian land in Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming.
Date of Government Version: 10/13/2015
Date Data Arrived at EDR: 10/23/2015
Date Made Active in Reports: 02/18/2016
Number of Days to Update: 118
Source: EPA Region 8
Telephone: [phone]
Last EDR Contact: 01/26/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Quarterly
INDIAN LUST R7: Leaking Underground Storage Tanks on Indian Land
LUSTs on Indian land in Iowa, Kansas, and Nebraska
TC4903008.2s Page GR -6

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
Date of Government Version: 10/09/2015
Date Data Arrived at EDR: 02/12/2016
Date Made Active in Reports: 06/03/2016
Number of Days to Update: 112
Source: EPA Region 7
Telephone: [phone]
Last EDR Contact: 01/26/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Varies
INDIAN LUST R6: Leaking Underground Storage Tanks on Indian Land
LUSTS on Indian land in New Mexico and Oklahoma.
Date of Government Version: 12/11/2015
Date Data Arrived at EDR: 02/19/2016
Date Made Active in Reports: 06/03/2016
Number of Days to Update: 105
Source: EPA Region 6
Telephone: [phone]
Last EDR Contact: 01/26/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Varies
INDIAN LUST R4: Leaking Underground Storage Tanks on Indian Land
LUSTs on Indian land in Florida, Mississippi and North Carolina.
Date of Government Version: 02/05/2016
Date Data Arrived at EDR: 04/29/2016
Date Made Active in Reports: 06/03/2016
Number of Days to Update: 35
Source: EPA Region 4
Telephone: [phone]
Last EDR Contact: 01/24/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Semi -Annually
INDIAN LUST R1: Leaking Underground Storage Tanks on Indian Land
A listing of leaking underground storage tank locations on Indian Land.
Date of Government Version: 10/27/2015
Date Data Arrived at EDR: 10/29/2015
Date Made Active in Reports: 01/04/2016
Number of Days to Update: 67
Source: EPA Region 1
Telephone: [phone]
Last EDR Contact: 01/26/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Varies
LUST TRUST: State Trust Fund Database
This database contains information about claims against the State Trust Funds for reimbursements for expenses
incurred while remediating Leaking USTs.
Date of Government Version: 01/06/2017 Source: Department of Environment and Natural Resources
Date Data Arrived at EDR: 01/12/2017 Telephone: [phone]
Date Made Active in Reports: 03/06/2017 Last EDR Contact: 01/12/2017
Number of Days to Update: 53 Next Scheduled EDR Contact: 04/24/2017
Data Release Frequency: Semi -Annually
State and tribal registered storage tank lists
FEMA UST: Underground Storage Tank Listing
A listing of all FEMA owned underground storage tanks.
Date of Government Version: 01/01/2010
Date Data Arrived at EDR: 02/16/2010
Date Made Active in Reports: 04/12/2010
Number of Days to Update: 55
Source: FEMA
Telephone: [phone]
Last EDR Contact: 01/23/2017
Next Scheduled EDR Contact: 04/24/2017
Data Release Frequency: Varies
UST: Petroleum Underground Storage Tank Database
Registered Underground Storage Tanks. UST's are regulated under Subtitle I of the Resource Conservation and Recovery
Act (RCRA) and must be registered with the state department responsible for administering the UST program. Available
information varies by state program.
TC4903008.2s Page GR -7

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
Date of Government Version: 09/30/2016 Source: Department of Environment and Natural Resources
Date Data Arrived at EDR: 11/09/2016 Telephone: [phone]
Date Made Active in Reports: 03/06/2017 Last EDR Contact: 02/08/2017
Number of Days to Update: 117 Next Scheduled EDR Contact: 05/22/2017
Data Release Frequency: Quarterly
AST: AST Database
Facilities with aboveground storage tanks that have a capacity greater than 21,000 gallons.
Date of Government Version: 09/26/2016 Source: Department of Environment and Natural Resources
Date Data Arrived at EDR: 12/30/2016 Telephone: [phone]
Date Made Active in Reports: 03/06/2017 Last EDR Contact: 03/20/2017
Number of Days to Update: 66 Next Scheduled EDR Contact: 07/03/2017
Data Release Frequency: Semi -Annually
INDIAN UST R10: Underground Storage Tanks on Indian Land
The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian
land in EPA Region 10 (Alaska, Idaho, Oregon, Washington, and Tribal Nations).
Date of Government Version: 01/07/2016
Date Data Arrived at EDR: 01/08/2016
Date Made Active in Reports: 02/18/2016
Number of Days to Update: 41
Source: EPA Region 10
Telephone: [phone]
Last EDR Contact: 01/26/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Quarterly
INDIAN UST R9: Underground Storage Tanks on Indian Land
The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian
land in EPA Region 9 (Arizona, California, Hawaii, Nevada, the Pacific Islands, and Tribal Nations).
Date of Government Version: 02/25/2016
Date Data Arrived at EDR: 04/27/2016
Date Made Active in Reports: 06/03/2016
Number of Days to Update: 37
Source: EPA Region 9
Telephone: [phone]
Last EDR Contact: 01/26/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Quarterly
INDIAN UST R8: Underground Storage Tanks on Indian Land
The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian
land in EPA Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming and 27 Tribal Nations).
Date of Government Version: 01/26/2016
Date Data Arrived at EDR: 02/05/2016
Date Made Active in Reports: 06/03/2016
Number of Days to Update: 119
Source: EPA Region 8
Telephone: [phone]
Last EDR Contact: 01/26/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Quarterly
INDIAN UST R7: Underground Storage Tanks on Indian Land
The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian
land in EPA Region 7 (Iowa, Kansas, Missouri, Nebraska, and 9 Tribal Nations).
Date of Government Version: 09/23/2014
Date Data Arrived at EDR: 11/25/2014
Date Made Active in Reports: 01/29/2015
Number of Days to Update: 65
Source: EPA Region 7
Telephone: [phone]
Last EDR Contact: 01/26/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Varies
INDIAN UST R5: Underground Storage Tanks on Indian Land
The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian
land in EPA Region 5 (Michigan, Minnesota and Wisconsin and Tribal Nations).
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GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
Date of Government Version: 11/05/2015
Date Data Arrived at EDR: 11/13/2015
Date Made Active in Reports: 01/04/2016
Number of Days to Update: 52
Source: EPA Region 5
Telephone: [phone]
Last EDR Contact: 01/26/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Varies
INDIAN UST R6: Underground Storage Tanks on Indian Land
The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian
land in EPA Region 6 (Louisiana, Arkansas, Oklahoma, New Mexico, Texas and 65 Tribes).
Date of Government Version: 12/03/2015
Date Data Arrived at EDR: 02/04/2016
Date Made Active in Reports: 06/03/2016
Number of Days to Update: 120
Source: EPA Region 6
Telephone: [phone]
Last EDR Contact: 01/26/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Semi -Annually
INDIAN UST R4: Underground Storage Tanks on Indian Land
The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian
land in EPA Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee
and Tribal Nations)
Date of Government Version: 02/05/2016
Date Data Arrived at EDR: 04/29/2016
Date Made Active in Reports: 06/03/2016
Number of Days to Update: 35
Source: EPA Region 4
Telephone: [phone]
Last EDR Contact: 01/24/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Semi -Annually
INDIAN UST R1: Underground Storage Tanks on Indian Land
The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian
land in EPA Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont and ten Tribal
Nations).
Date of Government Version: 10/20/2015
Date Data Arrived at EDR: 10/29/2015
Date Made Active in Reports: 01/04/2016
Number of Days to Update: 67
Source: EPA, Region 1
Telephone: [phone]
Last EDR Contact: 01/26/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Varies
State and tribal institutional control/ engineering control registries
INST CONTROL: No Further Action Sites With Land Use Restrictions Monitoring
A land use restricted site is a property where there are limits or requirements on future use of the property
due to varying levels of cleanup possible, practical, or necessary at the site.
Date of Government Version: 10/07/2016 Source: Department of Environment, Health and Natural Resources
Date Data Arrived at EDR: 12/15/2016 Telephone: [phone]
Date Made Active in Reports: 03/06/2017 Last EDR Contact: 03/15/2017
Number of Days to Update: 81 Next Scheduled EDR Contact: 06/26/2017
Data Release Frequency: Quarterly
State and tribal voluntary cleanup sites
VCP: Responsible Party Voluntary Action Sites
Responsible Party Voluntary Action site locations.
Date of Government Version: 10/07/2016 Source: Department of Environment and Natural Resources
Date Data Arrived at EDR: 12/15/2016 Telephone: [phone]
Date Made Active in Reports: 03/08/2017 Last EDR Contact: 03/15/2017
Number of Days to Update: 83 Next Scheduled EDR Contact: 06/26/2017
Data Release Frequency: Semi -Annually
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GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
INDIAN VCP R1: Voluntary Cleanup Priority Listing
A listing of voluntary cleanup priority sites located on Indian Land located in Region 1.
Date of Government Version: 07/27/2015
Date Data Arrived at EDR: 09/29/2015
Date Made Active in Reports: 02/18/2016
Number of Days to Update: 142
Source: EPA, Region 1
Telephone: [phone]
Last EDR Contact: 03/27/2017
Next Scheduled EDR Contact: 07/10/2017
Data Release Frequency: Varies
INDIAN VCP R7: Voluntary Cleanup Priority Lisitng
A listing of voluntary cleanup priority sites located on Indian Land located in Region 7.
Date of Government Version: 03/20/2008
Date Data Arrived at EDR: 04/22/2008
Date Made Active in Reports: 05/19/2008
Number of Days to Update: 27
State and tribal Brownfields sites
Source: EPA, Region 7
Telephone: [phone]
Last EDR Contact: 04/20/2009
Next Scheduled EDR Contact: 07/20/2009
Data Release Frequency: Varies
BROWNFIELDS: Brownfields Projects Inventory
A brownfield site is an abandoned, idled, or underused property where the threat of environmental contamination
has hindered its redevelopment. All of the sites in the inventory are working toward a brownfield agreement for
cleanup and liabitliy control.
Date of Government Version: 01/03/2017
Date Data Arrived at EDR: 01/06/2017
Date Made Active in Reports: 03/06/2017
Number of Days to Update: 59
ADDITIONAL ENVIRONMENTAL RECORDS
Local Brownfield lists
Source: Department of Environment and Natural Resources
Telephone: [phone]
Last EDR Contact: 04/05/2017
Next Scheduled EDR Contact: 07/17/2017
Data Release Frequency: Varies
US BROWNFIELDS: A Listing of Brownfields Sites
Brownfields are real property, the expansion, redevelopment, or reuse of which may be complicated by the presence
or potential presence of a hazardous substance, pollutant, or contaminant. Cleaning up and reinvesting in these
properties takes development pressures off of undeveloped, open land, and both improves and protects the environment.
Assessment, Cleanup and Redevelopment Exchange System (ACRES) stores information reported by EPA Brownfields
grant recipients on brownfields properties assessed or cleaned up with grant funding as well as information on
Targeted Brownfields Assessments performed by EPA Regions. A listing of ACRES Brownfield sites is obtained from
Cleanups in My Community. Cleanups in My Community provides information on Brownfields properties for which information
is reported back to EPA, as well as areas served by Brownfields grant programs.
Date of Government Version: 03/02/2017
Date Data Arrived at EDR: 03/02/2017
Date Made Active in Reports: 04/07/2017
Number of Days to Update: 36
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 03/02/2017
Next Scheduled EDR Contact: 07/03/2017
Data Release Frequency: Semi -Annually
Local Lists of Landfill / Solid Waste Disposal Sites
SWRCY: Recycling Center Listing
A listing of recycling center locations.
Date of Government Version: 11/30/2016 Source: Department of Environment & Natural Resources
Date Data Arrived at EDR: 12/05/2016 Telephone: [phone]
Date Made Active in Reports: 03/08/2017 Last EDR Contact: 01/30/2017
Number of Days to Update: 93 Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Varies
TC4903008.2s Page GR -10

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
HIST LF: Solid Waste Facility Listing
A listing of solid waste facilities.
Date of Government Version: 11/06/2006 Source: Department of Environment & Natural Resources
Date Data Arrived at EDR: 02/13/2007 Telephone: [phone]
Date Made Active in Reports: 03/02/2007 Last EDR Contact: 01/19/2009
Number of Days to Update: 17 Next Scheduled EDR Contact: N/A
Data Release Frequency: No Update Planned
INDIAN ODI: Report on the Status of Open Dumps on Indian Lands
Location of open dumps on Indian land.
Date of Government Version: 12/31/1998
Date Data Arrived at EDR: 12/03/2007
Date Made Active in Reports: 01/24/2008
Number of Days to Update: 52
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 10/31/2016
Next Scheduled EDR Contact: 02/13/2017
Data Release Frequency: Varies
DEBRIS REGION 9: Torres Martinez Reservation Illegal Dump Site Locations
A listing of illegal dump sites location on the Torres Martinez Indian Reservation located in eastern Riverside
County and northern Imperial County, California.
Date of Government Version: 01/12/2009
Date Data Arrived at EDR: 05/07/2009
Date Made Active in Reports: 09/21/2009
Number of Days to Update: 137
Source: EPA, Region 9
Telephone: [phone]
Last EDR Contact: 01/23/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: No Update Planned
ODI: Open Dump Inventory
An open dump is defined as a disposal facility that does not comply with one or more of the Part 257 or Part 258
Subtitle D Criteria.
Date of Government Version: 06/30/1985
Date Data Arrived at EDR: 08/09/2004
Date Made Active in Reports: 09/17/2004
Number of Days to Update: 39
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 06/09/2004
Next Scheduled EDR Contact: N/A
Data Release Frequency: No Update Planned
IHS OPEN DUMPS: Open Dumps on Indian Land
A listing of all open dumps located on Indian Land in the United States.
Date of Government Version: 04/01/2014 Source: Department of Health & Human Serivices, Indian Health Service
Date Data Arrived at EDR: 08/06/2014 Telephone: [phone]
Date Made Active in Reports: 01/29/2015 Last EDR Contact: 01/30/2017
Number of Days to Update: 176 Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Varies
Local Lists of Hazardous waste / Contaminated Sites
US HIST CDL: National Clandestine Laboratory Register
A listing of clandestine drug lab locations that have been removed from the DEAs National Clandestine Laboratory
Register.
Date of Government Version: 09/30/2016
Date Data Arrived at EDR: 01/05/2017
Date Made Active in Reports: 02/10/2017
Number of Days to Update: 36
Source: Drug Enforcement Administration
Telephone: [phone]
Last EDR Contact: 02/28/2017
Next Scheduled EDR Contact: 06/12/2017
Data Release Frequency: No Update Planned
TC4903008.2s Page GR -11

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
US CDL: Clandestine Drug Labs
A listing of clandestine drug lab locations. The U.S. Department of Justice ("the Department") provides this
web site as a public service. It contains addresses of some locations where law enforcement agencies reported
they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites.
In most cases, the source of the entries is not the Department, and the Department has not verified the entry
and does not guarantee its accuracy. Members of the public must verify the accuracy of all entries by, for example,
contacting local law enforcement and local health departments.
Date of Government Version: 09/30/2016
Date Data Arrived at EDR: 12/05/2016
Date Made Active in Reports: 02/10/2017
Number of Days to Update: 67
Local Land Records
Source: Drug Enforcement Administration
Telephone: [phone]
Last EDR Contact: 02/28/2017
Next Scheduled EDR Contact: 06/12/2017
Data Release Frequency: Quarterly
LIENS 2: CERCLA Lien Information
A Federal CERCLA ('Superfund') lien can exist by operation of law at any site or property at which EPA has spent
Superfund monies. These monies are spent to investigate and address releases and threatened releases of contamination.
CERCLIS provides information as to the identity of these sites and properties.
Date of Government Version: 02/18/2014
Date Data Arrived at EDR: 03/18/2014
Date Made Active in Reports: 04/24/2014
Number of Days to Update: 37
Records of Emergency Release Reports
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 01/24/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Varies
HMIRS: Hazardous Materials Information Reporting System
Hazardous Materials Incident Report System. HMIRS contains hazardous material spill incidents reported to DOT.
Date of Government Version: 12/28/2016
Date Data Arrived at EDR: 12/28/2016
Date Made Active in Reports: 02/03/2017
Number of Days to Update: 37
Source: U.S. Department of Transportation
Telephone: [phone]
Last EDR Contact: 03/29/2017
Next Scheduled EDR Contact: 07/10/2017
Data Release Frequency: Annually
SPILLS: Spills Incident Listing
A listing spills, hazardous material releases, sanitary sewer overflows, wastewater treatment plant bypasses and
upsets, citizen complaints, and any other environmental emergency calls reported to the agency.
Date of Government Version: 12/14/2016 Source: Department of Environment & Natural Resources
Date Data Arrived at EDR: 12/16/2016 Telephone: [phone]
Date Made Active in Reports: 03/08/2017 Last EDR Contact: 03/13/2017
Number of Days to Update: 82 Next Scheduled EDR Contact: 06/26/2017
Data Release Frequency: Varies
IMD: Incident Management Database
Groundwater and/or soil contamination incidents
Date of Government Version: 07/21/2006 Source: Department of Environment and Natural Resources
Date Data Arrived at EDR: 08/01/2006 Telephone: [phone]
Date Made Active in Reports: 08/23/2006 Last EDR Contact: 07/01/2011
Number of Days to Update: 22 Next Scheduled EDR Contact: 10/17/2011
Data Release Frequency: No Update Planned
SPILLS 90: SPILLS90 data from FirstSearch
Spills 90 includes those spill and release records available exclusively from FirstSearch databases. Typically,
they may include chemical, oil and/or hazardous substance spills recorded after 1990. Duplicate records that are
already included in EDR incident and release records are not included in Spills 90.
TC4903008.2s Page GR -12

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
Date of Government Version: 09/27/2012
Date Data Arrived at EDR: 01/03/2013
Date Made Active in Reports: 03/06/2013
Number of Days to Update: 62
Source: FirstSearch
Telephone: N/A
Last EDR Contact: 01/03/2013
Next Scheduled EDR Contact: N/A
Data Release Frequency: No Update Planned
SPILLS 80: SPILLS80 data from FirstSearch
Spills 80 includes those spill and release records available from FirstSearch databases prior to 1990. Typically,
they may include chemical, oil and/or hazardous substance spills recorded before 1990. Duplicate records that
are already included in EDR incident and release records are not included in Spills 80.
Date of Government Version: 06/14/2001
Date Data Arrived at EDR: 01/03/2013
Date Made Active in Reports: 03/06/2013
Number of Days to Update: 62
Other Ascertainable Records
Source: FirstSearch
Telephone: N/A
Last EDR Contact: 01/03/2013
Next Scheduled EDR Contact: N/A
Data Release Frequency: No Update Planned
RCRA NonGen / NLR: RCRA - Non Generators / No Longer Regulated
RCRAInfo is EPA's comprehensive information system, providing access to data supporting the Resource Conservation
and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database
includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste
as defined by the Resource Conservation and Recovery Act (RCRA). Non -Generators do not presently generate hazardous
waste.
Date of Government Version: 12/12/2016
Date Data Arrived at EDR: 12/28/2016
Date Made Active in Reports: 02/10/2017
Number of Days to Update: 44
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 03/02/2017
Next Scheduled EDR Contact: 04/10/2017
Data Release Frequency: Varies
FUDS: Formerly Used Defense Sites
The listing includes locations of Formerly Used Defense Sites properties where the US Army Corps of Engineers
is actively working or will take necessary cleanup actions.
Date of Government Version: 01/31/2015
Date Data Arrived at EDR: 07/08/2015
Date Made Active in Reports: 10/13/2015
Number of Days to Update: 97
Source: U.S. Army Corps of Engineers
Telephone: [phone]
Last EDR Contact: 02/24/2017
Next Scheduled EDR Contact: 06/05/2017
Data Release Frequency: Varies
DOD: Department of Defense Sites
This data set consists of federally owned or administered lands, administered by the Department of Defense, that
have any area equal to or greater than 640 acres of the United States, Puerto Rico, and the U.S. Virgin Islands.
Date of Government Version: 12/31/2005
Date Data Arrived at EDR: 11/10/2006
Date Made Active in Reports: 01/11/2007
Number of Days to Update: 62
Source: USGS
Telephone: [phone]
Last EDR Contact: 01/13/2017
Next Scheduled EDR Contact: 04/24/2017
Data Release Frequency: Semi -Annually
FEDLAND: Federal and Indian Lands
Federally and Indian administrated lands of the United States. Lands included are administrated by: Army Corps
of Engineers, Bureau of Reclamation, National Wild and Scenic River, National Wildlife Refuge, Public Domain Land,
Wilderness, Wilderness Study Area, Wildlife Management Area, Bureau of Indian Affairs, Bureau of Land Management,
Department of Justice, Forest Service, Fish and Wildlife Service, National Park Service.
Date of Government Version: 12/31/2005
Date Data Arrived at EDR: 02/06/2006
Date Made Active in Reports: 01/11/2007
Number of Days to Update: 339
Source: U.S. Geological Survey
Telephone: [phone]
Last EDR Contact: 01/13/2017
Next Scheduled EDR Contact: 04/24/2017
Data Release Frequency: N/A
TC4903008.2s Page GR -13

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
SCRD DRYCLEANERS: State Coalition for Remediation of Drycleaners Listing
The State Coalition for Remediation of Drycleaners was established in 1998, with support from the U.S. EPA Office
of Superfund Remediation and Technology Innovation. It is comprised of representatives of states with established
drycleaner remediation programs. Currently the member states are Alabama, Connecticut, Florida, Illinois, Kansas,
Minnesota, Missouri, North Carolina, Oregon, South Carolina, Tennessee, Texas, and Wisconsin.
Date of Government Version: 01/01/2017
Date Data Arrived at EDR: 02/03/2017
Date Made Active in Reports: 04/07/2017
Number of Days to Update: 63
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 02/03/2017
Next Scheduled EDR Contact: 05/29/2017
Data Release Frequency: Varies
US FIN ASSUR: Financial Assurance Information
All owners and operators of facilities that treat, store, or dispose of hazardous waste are required to provide
proof that they will have sufficient funds to pay for the clean up, closure, and post -closure care of their facilities.
Date of Government Version: 10/11/2016
Date Data Arrived at EDR: 11/16/2016
Date Made Active in Reports: 02/03/2017
Number of Days to Update: 79
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 02/15/2017
Next Scheduled EDR Contact: 05/29/2017
Data Release Frequency: Quarterly
EPA WATCH LIST: EPA WATCH LIST
EPA maintains a "Watch List' to facilitate dialogue between EPA, state and local environmental agencies on enforcement
matters relating to facilities with alleged violations identified as either significant or high priority. Being
on the Watch List does not mean that the facility has actually violated the law only that an investigation by
EPA or a state or local environmental agency has led those organizations to allege that an unproven violation
has in fact occurred. Being on the Watch List does not represent a higher level of concern regarding the alleged
violations that were detected, but instead indicates cases requiring additional dialogue between EPA, state and
local agencies - primarily because of the length of time the alleged violation has gone unaddressed or unresolved.
Date of Government Version: 08/30/2013
Date Data Arrived at EDR: 03/21/2014
Date Made Active in Reports: 06/17/2014
Number of Days to Update: 88
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 02/03/2017
Next Scheduled EDR Contact: 05/22/2017
Data Release Frequency: Quarterly
2020 COR ACTION: 2020 Corrective Action Program List
The EPA has set ambitious goals for the RCRA Corrective Action program by creating the 2020 Corrective Action
Universe. This RCRA cleanup baseline includes facilities expected to need corrective action. The 2020 universe
contains a wide variety of sites. Some properties are heavily contaminated while others were contaminated but
have since been cleaned up. Still others have not been fully investigated yet, and may require little or no remediation.
Inclusion in the 2020 Universe does not necessarily imply failure on the part of a facility to meet its RCRA obligations.
Date of Government Version: 04/22/2013
Date Data Arrived at EDR: 03/03/2015
Date Made Active in Reports: 03/09/2015
Number of Days to Update: 6
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 02/10/2017
Next Scheduled EDR Contact: 05/22/2017
Data Release Frequency: Varies
TSCA: Toxic Substances Control Act
Toxic Substances Control Act. TSCA identifies manufacturers and importers of chemical substances included on the
TSCA Chemical Substance Inventory list. It includes data on the production volume of these substances by plant
site.
Date of Government Version: 12/31/2012
Date Data Arrived at EDR: 01/15/2015
Date Made Active in Reports: 01/29/2015
Number of Days to Update: 14
Source: EPA
Telephone: [phone]
Last EDR Contact: 03/24/2017
Next Scheduled EDR Contact: 07/03/2017
Data Release Frequency: Every 4 Years
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GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
TRIS: Toxic Chemical Release Inventory System
Toxic Release Inventory System. TRIS identifies facilities which release toxic chemicals to the air, water and
land in reportable quantities under SARA Title III Section 313.
Date of Government Version: 12/31/2014
Date Data Arrived at EDR: 11/24/2015
Date Made Active in Reports: 04/05/2016
Number of Days to Update: 133
Source: EPA
Telephone: [phone]
Last EDR Contact: 02/24/2017
Next Scheduled EDR Contact: 06/05/2017
Data Release Frequency: Annually
SSTS: Section 7 Tracking Systems
Section 7 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended (92 Stat. 829) requires all
registered pesticide -producing establishments to submit a report to the Environmental Protection Agency by March
1st each year. Each establishment must report the types and amounts of pesticides, active ingredients and devices
being produced, and those having been produced and sold or distributed in the past year.
Date of Government Version: 12/31/2009
Date Data Arrived at EDR: 12/10/2010
Date Made Active in Reports: 02/25/2011
Number of Days to Update: 77
Source: EPA
Telephone: [phone]
Last EDR Contact: 03/09/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Annually
ROD: Records Of Decision
Record of Decision. ROD documents mandate a permanent remedy at an NPL (Superfund) site containing technical
and health information to aid in the cleanup.
Date of Government Version: 11/25/2013
Date Data Arrived at EDR: 12/12/2013
Date Made Active in Reports: 02/24/2014
Number of Days to Update: 74
Source: EPA
Telephone: [phone]
Last EDR Contact: 03/06/2017
Next Scheduled EDR Contact: 06/19/2017
Data Release Frequency: Annually
RMP: Risk Management Plans
When Congress passed the Clean Air Act Amendments of 1990, it required EPA to publish regulations and guidance
for chemical accident prevention at facilities using extremely hazardous substances. The Risk Management Program
Rule (RMP Rule) was written to implement Section 112(r) of these amendments. The rule, which built upon existing
industry codes and standards, requires companies of all sizes that use certain flammable and toxic substances
to develop a Risk Management Program, which includes a(n): Hazard assessment that details the potential effects
of an accidental release, an accident history of the last five years, and an evaluation of worst-case and alternative
accidental releases; Prevention program that includes safety precautions and maintenance, monitoring, and employee
training measures; and Emergency response program that spells out emergency health care, employee training measures
and procedures for informing the public and response agencies (e.g the fire department) should an accident occur.
Date of Government Version: 02/01/2017
Date Data Arrived at EDR: 02/09/2017
Date Made Active in Reports: 04/07/2017
Number of Days to Update: 57
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 01/23/2017
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Varies
RAATS: RCRA Administrative Action Tracking System
RCRA Administration Action Tracking System. RAATS contains records based on enforcement actions issued under RCRA
pertaining to major violators and includes administrative and civil actions brought by the EPA. For administration
actions after September 30, 1995, data entry in the RAATS database was discontinued. EPA will retain a copy of
the database for historical records. It was necessary to terminate RAATS because a decrease in agency resources
made it impossible to continue to update the information contained in the database.
Date of Government Version: 04/17/1995
Date Data Arrived at EDR: 07/03/1995
Date Made Active in Reports: 08/07/1995
Number of Days to Update: 35
Source: EPA
Telephone: [phone]
Last EDR Contact: 06/02/2008
Next Scheduled EDR Contact: 09/01/2008
Data Release Frequency: No Update Planned
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GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
PRP: Potentially Responsible Parties
A listing of verified Potentially Responsible Parties
Date of Government Version: 10/25/2013
Date Data Arrived at EDR: 10/17/2014
Date Made Active in Reports: 10/20/2014
Number of Days to Update: 3
Source: EPA
Telephone: [phone]
Last EDR Contact: 02/10/2017
Next Scheduled EDR Contact: 05/22/2017
Data Release Frequency: Quarterly
PADS: PCB Activity Database System
PCB Activity Database. PADS Identifies generators, transporters, commercial storers and/or brokers and disposers
of PCB's who are required to notify the EPA of such activities.
Date of Government Version: 01/20/2016
Date Data Arrived at EDR: 04/28/2016
Date Made Active in Reports: 09/02/2016
Number of Days to Update: 127
Source: EPA
Telephone: [phone]
Last EDR Contact: 01/13/2017
Next Scheduled EDR Contact: 04/24/2017
Data Release Frequency: Annually
ICIS: Integrated Compliance Information System
The Integrated Compliance Information System (ICIS) supports the information needs of the national enforcement
and compliance program as well as the unique needs of the National Pollutant Discharge Elimination System (NPDES)
program.
Date of Government Version: 11/18/2016
Date Data Arrived at EDR: 11/23/2016
Date Made Active in Reports: 02/10/2017
Number of Days to Update: 79
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 01/09/2017
Next Scheduled EDR Contact: 04/24/2017
Data Release Frequency: Quarterly
FTTS: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act)
FTTS tracks administrative cases and pesticide enforcement actions and compliance activities related to FIFRA,
TSCA and EPCRA (Emergency Planning and Community Right -to -Know Act). To maintain currency, EDR contacts the
Agency on a quarterly basis.
Date of Government Version: 04/09/2009 Source: EPA/Office of Prevention, Pesticides and Toxic Substances
Date Data Arrived at EDR: 04/16/2009 Telephone: [phone]
Date Made Active in Reports: 05/11/2009 Last EDR Contact: 02/17/2017
Number of Days to Update: 25 Next Scheduled EDR Contact: 06/05/2017
Data Release Frequency: Quarterly
FTTS INSP: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act)
A listing of FIFRA/TSCA Tracking System (FTTS) inspections and enforcements.
Date of Government Version: 04/09/2009
Date Data Arrived at EDR: 04/16/2009
Date Made Active in Reports: 05/11/2009
Number of Days to Update: 25
Source: EPA
Telephone: [phone]
Last EDR Contact: 02/17/2017
Next Scheduled EDR Contact: 06/05/2017
Data Release Frequency: Quarterly
MLTS: Material Licensing Tracking System
MLTS is maintained by the Nuclear Regulatory Commission and contains a list of approximately 8,100 sites which
possess or use radioactive materials and which are subject to NRC licensing requirements. To maintain currency,
EDR contacts the Agency on a quarterly basis.
Date of Government Version: 08/30/2016
Date Data Arrived at EDR: 09/08/2016
Date Made Active in Reports: 10/21/2016
Number of Days to Update: 43
Source: Nuclear Regulatory Commission
Telephone: [phone]
Last EDR Contact: 02/03/2017
Next Scheduled EDR Contact: 05/22/2017
Data Release Frequency: Quarterly
TC4903008.2s Page GR -16

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
COAL ASH DOE: Steam -Electric Plant Operation Data
A listing of power plants that store ash in surface ponds.
Date of Government Version: 12/31/2005
Date Data Arrived at EDR: 08/07/2009
Date Made Active in Reports: 10/22/2009
Number of Days to Update: 76
Source: Department of Energy
Telephone: [phone]
Last EDR Contact: 03/06/2017
Next Scheduled EDR Contact: 06/19/2017
Data Release Frequency: Varies
COAL ASH EPA: Coal Combustion Residues Surface Impoundments List
A listing of coal combustion residues surface impoundments with high hazard potential ratings.
Date of Government Version: 07/01/2014
Date Data Arrived at EDR: 09/10/2014
Date Made Active in Reports: 10/20/2014
Number of Days to Update: 40
Source: Environmental Protection Agency
Telephone: N/A
Last EDR Contact: 03/06/2017
Next Scheduled EDR Contact: 06/19/2017
Data Release Frequency: Varies
PCB TRANSFORMER: PCB Transformer Registration Database
The database of PCB transformer registrations that includes all PCB registration submittals.
Date of Government Version: 02/01/2011
Date Data Arrived at EDR: 10/19/2011
Date Made Active in Reports: 01/10/2012
Number of Days to Update: 83
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 01/29/2016
Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Varies
RADINFO: Radiation Information Database
The Radiation Information Database (RADINFO) contains information about facilities that are regulated by U.S.
Environmental Protection Agency (EPA) regulations for radiation and radioactivity.
Date of Government Version: 01/04/2017
Date Data Arrived at EDR: 01/06/2017
Date Made Active in Reports: 02/10/2017
Number of Days to Update: 35
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 04/06/2017
Next Scheduled EDR Contact: 07/17/2017
Data Release Frequency: Quarterly
HIST FTTS: FIFRA/TSCA Tracking System Administrative Case Listing
A complete administrative case listing from the FIFRA/TSCA Tracking System (FTTS) for all ten EPA regions. The
information was obtained from the National Compliance Database (NCDB). NCDB supports the implementation of FIFRA
(Federal Insecticide, Fungicide, and Rodenticide Act) and TSCA (Toxic Substances Control Act). Some EPA regions
are now closing out records. Because of that, and the fact that some EPA regions are not providing EPA Headquarters
with updated records, it was decided to create a HIST FTTS database. It included records that may not be included
in the newer FTTS database updates. This database is no longer updated.
Date of Government Version: 10/19/2006
Date Data Arrived at EDR: 03/01/2007
Date Made Active in Reports: 04/10/2007
Number of Days to Update: 40
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 12/17/2007
Next Scheduled EDR Contact: 03/17/2008
Data Release Frequency: No Update Planned
HIST FTTS INSP: FIFRA/TSCA Tracking System Inspection & Enforcement Case Listing
A complete inspection and enforcement case listing from the FIFRA/TSCA Tracking System (FTTS) for all ten EPA
regions. The information was obtained from the National Compliance Database (NCDB). NCDB supports the implementation
of FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) and TSCA (Toxic Substances Control Act). Some
EPA regions are now closing out records. Because of that, and the fact that some EPA regions are not providing
EPA Headquarters with updated records, it was decided to create a HIST FTTS database. It included records that
may not be included in the newer FTTS database updates. This database is no longer updated.
TC4903008.2s Page GR -17

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
Date of Government Version: 10/19/2006
Date Data Arrived at EDR: 03/01/2007
Date Made Active in Reports: 04/10/2007
Number of Days to Update: 40
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 12/17/2008
Next Scheduled EDR Contact: 03/17/2008
Data Release Frequency: No Update Planned
DOT OPS: Incident and Accident Data
Department of Transporation, Office of Pipeline Safety Incident and Accident data.
Date of Government Version: 07/31/2012 Source: Department of Transporation, Office of Pipeline Safety
Date Data Arrived at EDR: 08/07/2012 Telephone: [phone]
Date Made Active in Reports: 09/18/2012 Last EDR Contact: 02/01/2017
Number of Days to Update: 42 Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Varies
CONSENT: Superfund (CERCLA) Consent Decrees
Major legal settlements that establish responsibility and standards for cleanup at NPL (Superfund) sites. Released
periodically by United States District Courts after settlement by parties to litigation matters.
Date of Government Version: 09/30/2016 Source: Department of Justice, Consent Decree Library
Date Data Arrived at EDR: 11/18/2016 Telephone: Varies
Date Made Active in Reports: 02/03/2017 Last EDR Contact: 03/27/2017
Number of Days to Update: 77 Next Scheduled EDR Contact: 07/10/2017
Data Release Frequency: Varies
BRS: Biennial Reporting System
The Biennial Reporting System is a national system administered by the EPA that collects data on the generation
and management of hazardous waste. BRS captures detailed data from two groups: Large Quantity Generators (LQG)
and Treatment, Storage, and Disposal Facilities.
Date of Government Version: 12/31/2013
Date Data Arrived at EDR: 02/24/2015
Date Made Active in Reports: 09/30/2015
Number of Days to Update: 218
Source: EPA/NTIS
Telephone: [phone]
Last EDR Contact: 02/22/2017
Next Scheduled EDR Contact: 06/05/2017
Data Release Frequency: Biennially
INDIAN RESERV: Indian Reservations
This map layer portrays Indian administered lands of the United States that have any area equal to or greater
than 640 acres.
Date of Government Version: 12/31/2014
Date Data Arrived at EDR: 07/14/2015
Date Made Active in Reports: 01/10/2017
Number of Days to Update: 546
Source: USGS
Telephone: [phone]
Last EDR Contact: 01/13/2017
Next Scheduled EDR Contact: 04/24/2017
Data Release Frequency: Semi -Annually
FUSRAP: Formerly Utilized Sites Remedial Action Program
DOE established the Formerly Utilized Sites Remedial Action Program (FUSRAP) in 1974 to remediate sites where
radioactive contamination remained from Manhattan Project and early U.S. Atomic Energy Commission (AEC) operations.
Date of Government Version: 12/23/2016
Date Data Arrived at EDR: 12/27/2016
Date Made Active in Reports: 02/17/2017
Number of Days to Update: 52
Source: Department of Energy
Telephone: [phone]
Last EDR Contact: 02/03/2017
Next Scheduled EDR Contact: 05/22/2017
Data Release Frequency: Varies
UMTRA: Uranium Mill Tailings Sites
Uranium ore was mined by private companies for federal government use in national defense programs. When the mills
shut down, large piles of the sand -like material (mill tailings) remain after uranium has been extracted from
the ore. Levels of human exposure to radioactive materials from the piles are low; however, in some cases tailings
were used as construction materials before the potential health hazards of the tailings were recognized.
TC4903008.2s Page GR -18

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
Date of Government Version: 09/14/2010
Date Data Arrived at EDR: 10/07/2011
Date Made Active in Reports: 03/01/2012
Number of Days to Update: 146
LEAD SMELTER 1: Lead Smelter Sites
A listing of former lead smelter site locations.
Date of Government Version: 12/05/2016
Date Data Arrived at EDR: 01/05/2017
Date Made Active in Reports: 02/10/2017
Number of Days to Update: 36
Source: Department of Energy
Telephone: [phone]
Last EDR Contact: 02/21/2017
Next Scheduled EDR Contact: 06/05/2017
Data Release Frequency: Varies
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 04/07/2017
Next Scheduled EDR Contact: 07/17/2017
Data Release Frequency: Varies
LEAD SMELTER 2: Lead Smelter Sites
A list of several hundred sites in the U.S. where secondary lead smelting was done from 1931 and 1964. These sites
may pose a threat to public health through ingestion or inhalation of contaminated soil or dust
Date of Government Version: 04/05/2001
Date Data Arrived at EDR: 10/27/2010
Date Made Active in Reports: 12/02/2010
Number of Days to Update: 36
Source: American Journal of Public Health
Telephone: [phone]
Last EDR Contact: 12/02/2009
Next Scheduled EDR Contact: N/A
Data Release Frequency: No Update Planned
US AIRS (AFS): Aerometric Information Retrieval System Facility Subsystem (AFS)
The database is a sub -system of Aerometric Information Retrieval System (AIRS). AFS contains compliance data
on air pollution point sources regulated by the U.S. EPA and/or state and local air regulatory agencies. This
information comes from source reports by various stationary sources of air pollution, such as electric power plants,
steel mills, factories, and universities, and provides information about the air pollutants they produce. Action,
air program, air program pollutant, and general level plant data. It is used to track emissions and compliance
data from industrial plants.
Date of Government Version: 10/12/2016
Date Data Arrived at EDR: 10/26/2016
Date Made Active in Reports: 02/03/2017
Number of Days to Update: 100
US AIRS MINOR: Air Facility System Data
A listing of minor source facilities.
Date of Government Version: 10/12/2016
Date Data Arrived at EDR: 10/26/2016
Date Made Active in Reports: 02/03/2017
Number of Days to Update: 100
Source: EPA
Telephone: [phone]
Last EDR Contact: 03/07/2017
Next Scheduled EDR Contact: 07/10/2017
Data Release Frequency: Annually
Source: EPA
Telephone: [phone]
Last EDR Contact: 03/07/2017
Next Scheduled EDR Contact: 04/10/2017
Data Release Frequency: Annually
US MINES: Mines Master Index File
Contains all mine identification numbers issued for mines active or opened since 1971. The data also includes
violation information.
Date of Government Version: 02/08/2017 Source: Department of Labor, Mine Safety and Health Administration
Date Data Arrived at EDR: 02/28/2017 Telephone: [phone]
Date Made Active in Reports: 04/07/2017 Last EDR Contact: 02/28/2017
Number of Days to Update: 38 Next Scheduled EDR Contact: 06/12/2017
Data Release Frequency: Semi -Annually
US MINES 2: Ferrous and Nonferrous Metal Mines Database Listing
This map layer includes ferrous (ferrous metal mines are facilities that extract ferrous metals, such as iron
ore or molybdenum) and nonferrous (Nonferrous metal mines are facilities that extract nonferrous metals, such
as gold, silver, copper, zinc, and lead) metal mines in the United States.
TC4903008.2s Page GR -19

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
Date of Government Version: 12/05/2005
Date Data Arrived at EDR: 02/29/2008
Date Made Active in Reports: 04/18/2008
Number of Days to Update: 49
Source: USGS
Telephone: [phone]
Last EDR Contact: 03/03/2017
Next Scheduled EDR Contact: 06/12/2017
Data Release Frequency: Varies
US MINES 3: Active Mines & Mineral Plants Database Listing
Active Mines and Mineral Processing Plant operations for commodities monitored by the Minerals Information Team
of the USGS.
Date of Government Version: 04/14/2011
Date Data Arrived at EDR: 06/08/2011
Date Made Active in Reports: 09/13/2011
Number of Days to Update: 97
Source: USGS
Telephone: [phone]
Last EDR Contact: 03/03/2017
Next Scheduled EDR Contact: 06/12/2017
Data Release Frequency: Varies
FINDS: Facility Index System/Facility Registry System
Facility Index System. FINDS contains both facility information and 'pointers' to other sources that contain more
detail. EDR includes the following FINDS databases in this report: PCS (Permit Compliance System), AIRS (Aerometric
Information Retrieval System), DOCKET (Enforcement Docket used to manage and track information on civil judicial
enforcement cases for all environmental statutes), FURS (Federal Underground Injection Control), C -DOCKET (Criminal
Docket System used to track criminal enforcement actions for all environmental statutes), FFIS (Federal Facilities
Information System), STATE (State Environmental Laws and Statutes), and PADS (PCB Activity Data System).
Date of Government Version: 07/15/2016
Date Data Arrived at EDR: 09/07/2016
Date Made Active in Reports: 11/11/2016
Number of Days to Update: 65
UXO: Unexploded Ordnance Sites
A listing of unexploded ordnance site locations
Date of Government Version: 10/25/2015
Date Data Arrived at EDR: 01/29/2016
Date Made Active in Reports: 04/05/2016
Number of Days to Update: 67
Source: EPA
Telephone: [phone]
Last EDR Contact: 04/07/2017
Next Scheduled EDR Contact: 06/19/2017
Data Release Frequency: Quarterly
Source: Department of Defense
Telephone: [phone]
Last EDR Contact: 01/20/2017
Next Scheduled EDR Contact: 05/01/2017
Data Release Frequency: Varies
DOCKET HWC: Hazardous Waste Compliance Docket Listing
A complete list of the Federal Agency Hazardous Waste Compliance Docket Facilities.
Date of Government Version: 06/02/2016
Date Data Arrived at EDR: 06/03/2016
Date Made Active in Reports: 09/02/2016
Number of Days to Update: 91
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 02/24/2017
Next Scheduled EDR Contact: 06/12/2017
Data Release Frequency: Varies
COAL ASH: Coal Ash Disposal Sites
A listing of coal combustion products distribution permits issued by the Division for the treatment, storage,
transportation, use and disposal of coal combustion products.
Date of Government Version: 12/14/2015 Source: Department of Environment & Natural Resources
Date Data Arrived at EDR: 02/23/2016 Telephone: [phone]
Date Made Active in Reports: 05/18/2016 Last EDR Contact: 02/03/2017
Number of Days to Update: 85 Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Varies
DRYCLEANERS: Drycleaning Sites
Potential and known drycleaning sites, active and abandoned, that the Drycleaning Solvent Cleanup Program has
knowledge of and entered into this database.
TC4903008.2s Page GR -20

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
Date of Government Version: 06/07/2016 Source: Department of Environment & Natural Resources
Date Data Arrived at EDR: 06/22/2016 Telephone: [phone]
Date Made Active in Reports: 09/01/2016 Last EDR Contact: 03/24/2017
Number of Days to Update: 71 Next Scheduled EDR Contact: 07/03/2017
Data Release Frequency: Varies
Financial Assurance 1: Financial Assurance Information Listing
A listing of financial assurance information for underground storage tank facilities. Financial assurance is intended
to ensure that resources are available to pay for the cost of closure, post -closure care, and corrective measures
if the owner or operator of a regulated facility is unable or unwilling to pay.
Date of Government Version: 09/30/2016 Source: Department of Environment & Natural Resources
Date Data Arrived at EDR: 11/09/2016 Telephone: [phone]
Date Made Active in Reports: 03/06/2017 Last EDR Contact: 02/08/2017
Number of Days to Update: 117 Next Scheduled EDR Contact: 05/22/2017
Data Release Frequency: Quarterly
Financial Assurance 2: Financial Assurance Information Listing
Information for solid waste facilities. Financial assurance is intended to ensure that resources are available
to pay for the cost of closure, post -closure care, and corrective measures if the owner or operator of a regulated
facility is unable or unwilling to pay.
Date of Government Version: 10/02/2012 Source: Department of Environmental & Natural Resources
Date Data Arrived at EDR: 10/03/2012 Telephone: [phone]
Date Made Active in Reports: 10/26/2012 Last EDR Contact: 03/27/2017
Number of Days to Update: 23 Next Scheduled EDR Contact: 07/10/2017
Data Release Frequency: Varies
Financial Assurance 3: Financial Assurance Information
Hazardous waste financial assurance information.
Date of Government Version: 09/14/2016 Source: Department of Environment & Natural Resources
Date Data Arrived at EDR: 09/16/2016 Telephone: [phone]
Date Made Active in Reports: 10/05/2016 Last EDR Contact: 03/13/2017
Number of Days to Update: 19 Next Scheduled EDR Contact: 06/26/2017
Data Release Frequency: Varies
NPDES: NPDES Facility Location Listing
General information regarding NPDES(National Pollutant Discharge Elimination System) permits.
Date of Government Version: 02/17/2016 Source: Department of Environment & Natural Resources
Date Data Arrived at EDR: 02/19/2016 Telephone: [phone]
Date Made Active in Reports: 05/03/2016 Last EDR Contact: 03/28/2017
Number of Days to Update: 74 Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Varies
UIC: Underground Injection Wells Listing
A listing of uncerground injection wells locations.
Date of Government Version: 12/07/2016 Source: Department of Environment & Natural Resources
Date Data Arrived at EDR: 12/09/2016 Telephone: [phone]
Date Made Active in Reports: 03/08/2017 Last EDR Contact: 03/06/2017
Number of Days to Update: 89 Next Scheduled EDR Contact: 06/19/2017
Data Release Frequency: Varies
ABANDONED MINES: Abandoned Mines
An inventory of land and water impacted by past mining (primarily coal mining) is maintained by OSMRE to provide
information needed to implement the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The inventory
contains information on the location, type, and extent of AML impacts, as well as, information on the cost associated
with the reclamation of those problems. The inventory is based upon field surveys by State, Tribal, and OSMRE
program officials. It is dynamic to the extent that it is modified as new problems are identified and existing
problems are reclaimed.
TC4903008.2s Page GR -21

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
Date of Government Version: 03/14/2017
Date Data Arrived at EDR: 03/17/2017
Date Made Active in Reports: 04/07/2017
Number of Days to Update: 21
Source: Department of Interior
Telephone: [phone]
Last EDR Contact: 03/13/2017
Next Scheduled EDR Contact: 06/26/2017
Data Release Frequency: Quarterly
ECHO: Enforcement & Compliance History Information
ECHO provides integrated compliance and enforcement information for about 800,000 regulated facilities nationwide.
Date of Government Version: 12/11/2016
Date Data Arrived at EDR: 12/20/2016
Date Made Active in Reports: 02/17/2017
Number of Days to Update: 59
Source: Environmental Protection Agency
Telephone: [phone]
Last EDR Contact: 03/21/2017
Next Scheduled EDR Contact: 07/03/2017
Data Release Frequency: Quarterly
FUELS PROGRAM: EPA Fuels Program Registered Listing
This listing includes facilities that are registered under the Part 80 (Code of Federal Regulations) EPA Fuels
Programs. All companies now are required to submit new and updated registrations.
Date of Government Version: 11/21/2016
Date Data Arrived at EDR: 11/22/2016
Date Made Active in Reports: 02/03/2017
Number of Days to Update: 73
EDR HIGH RISK HISTORICAL RECORDS
EDR Exclusive Records
Source: EPA
Telephone: [phone]
Last EDR Contact: 02/22/2017
Next Scheduled EDR Contact: 06/05/2017
Data Release Frequency: Quarterly
EDR MGP: EDR Proprietary Manufactured Gas Plants
The EDR Proprietary Manufactured Gas Plant Database includes records of coal gas plants (manufactured gas plants)
compiled by EDR's researchers. Manufactured gas sites were used in the United States from the 1800's to 1950's
to produce a gas that could be distributed and used as fuel. These plants used whale oil, rosin, coal, or a mixture
of coal, oil, and water that also produced a significant amount of waste. Many of the byproducts of the gas production,
such as coal tar (oily waste containing volatile and non-volatile chemicals), sludges, oils and other compounds
are potentially hazardous to human health and the environment. The byproduct from this process was frequently
disposed of directly at the plant site and can remain or spread slowly, serving as a continuous source of soil
and groundwater contamination.
Date of Government Version: N/A Source: EDR, Inc.
Date Data Arrived at EDR: N/A Telephone: N/A
Date Made Active in Reports: N/A Last EDR Contact: N/A
Number of Days to Update: N/A Next Scheduled EDR Contact: N/A
Data Release Frequency: No Update Planned
EDR Hist Auto: EDR Exclusive Historic Gas Stations
EDR has searched selected national collections of business directories and has collected listings of potential
gas station/filling station/service station sites that were available to EDR researchers. EDR's review was limited
to those categories of sources that might, in EDR's opinion, include gas station/filling station/service station
establishments. The categories reviewed included, but were not limited to gas, gas station, gasoline station,
filling station, auto, automobile repair, auto service station, service station, etc. This database falls within
a category of information EDR classifies as "High Risk Historical Records", or HRHR. EDR's HRHR effort presents
unique and sometimes proprietary data about past sites and operations that typically create environmental concerns,
but may not show up in current government records searches.
Date of Government Version: N/A
Date Data Arrived at EDR: N/A
Date Made Active in Reports: N/A
Number of Days to Update: N/A
Source: EDR, Inc.
Telephone: N/A
Last EDR Contact: N/A
Next Scheduled EDR Contact: N/A
Data Release Frequency: Varies
TC4903008.2s Page GR -22

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
EDR Hist Cleaner: EDR Exclusive Historic Dry Cleaners
EDR has searched selected national collections of business directories and has collected listings of potential
dry cleaner sites that were available to EDR researchers. EDR's review was limited to those categories of sources
that might, in EDR's opinion, include dry cleaning establishments. The categories reviewed included, but were
not limited to dry cleaners, cleaners, laundry, laundromat, cleaning/laundry, wash & dry etc. This database falls
within a category of information EDR classifies as "High Risk Historical Records", or HRHR. EDR's HRHR effort
presents unique and sometimes proprietary data about past sites and operations that typically create environmental
concerns, but may not show up in current government records searches.
Date of Government Version: N/A Source: EDR, Inc.
Date Data Arrived at EDR: N/A Telephone: N/A
Date Made Active in Reports: N/A Last EDR Contact: N/A
Number of Days to Update: N/A Next Scheduled EDR Contact: N/A
Data Release Frequency: Varies
EDR RECOVERED GOVERNMENT ARCHIVES
Exclusive Recovered Govt. Archives
RGA HWS: Recovered Government Archive State Hazardous Waste Facilities List
The EDR Recovered Government Archive State Hazardous Waste database provides a list of SHWS incidents derived
from historical databases and includes many records that no longer appear in current government lists. Compiled
from Records formerly available from the Department of Environment, Health and Natural Resources in North Carolina.
Date of Government Version: N/A Source: Department of Environment, Health and Natural Resources
Date Data Arrived at EDR: 07/01/2013 Telephone: N/A
Date Made Active in Reports: 12/24/2013 Last EDR Contact: 06/01/2012
Number of Days to Update: 176 Next Scheduled EDR Contact: N/A
Data Release Frequency: Varies
RGA LF: Recovered Government Archive Solid Waste Facilities List
The EDR Recovered Government Archive Landfill database provides a list of landfills derived from historical databases
and includes many records that no longer appear in current government lists. Compiled from Records formerly available
from the Department of Environment, Health and Natural Resources in North Carolina.
Date of Government Version: N/A Source: Department of Environment, Health and Natural Resources
Date Data Arrived at EDR: 07/01/2013 Telephone: N/A
Date Made Active in Reports: 01/13/2014 Last EDR Contact: 06/01/2012
Number of Days to Update: 196 Next Scheduled EDR Contact: N/A
Data Release Frequency: Varies
RGA LUST: Recovered Government Archive Leaking Underground Storage Tank
The EDR Recovered Government Archive Leaking Underground Storage Tank database provides a list of LUST incidents
derived from historical databases and includes many records that no longer appear in current government lists.
Compiled from Records formerly available from the Department of Environment, Health and Natural Resources in North
Carolina.
Date of Government Version: N/A Source: Department of Environment, Health and Natural Resources
Date Data Arrived at EDR: 07/01/2013 Telephone: N/A
Date Made Active in Reports: 12/20/2013 Last EDR Contact: 06/01/2012
Number of Days to Update: 172 Next Scheduled EDR Contact: N/A
Data Release Frequency: Varies
OTHER DATABASE(S)
Depending on the geographic area covered by this report, the data provided in these specialty databases may or may not be
complete. For example, the existence of wetlands information data in a specific report does not mean that all wetlands in the
area covered by the report are included. Moreover, the absence of any reported wetlands information does not necessarily
mean that wetlands do not exist in the area covered by the report.
TC4903008.2s Page GR -23

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
CT MANIFEST: Hazardous Waste Manifest Data
Facility and manifest data. Manifest is a document that lists and tracks hazardous waste from the generator through
transporters to a tsd facility.
Date of Government Version: 07/30/2013 Source: Department of Energy & Environmental Protection
Date Data Arrived at EDR: 08/19/2013 Telephone: [phone]
Date Made Active in Reports: 10/03/2013 Last EDR Contact: 11/11/2016
Number of Days to Update: 45 Next Scheduled EDR Contact: 02/27/2017
Data Release Frequency: No Update Planned
NJ MANIFEST: Manifest Information
Hazardous waste manifest information.
Date of Government Version: 12/31/2015 Source: Department of Environmental Protection
Date Data Arrived at EDR: 09/29/2016 Telephone: N/A
Date Made Active in Reports: 01/03/2017 Last EDR Contact: 01/09/2017
Number of Days to Update: 96 Next Scheduled EDR Contact: 04/24/2017
Data Release Frequency: Annually
NY MANIFEST: Facility and Manifest Data
Manifest is a document that lists and tracks hazardous waste from the generator through transporters to a TSD
facility.
Date of Government Version: 01/30/2017 Source: Department of Environmental Conservation
Date Data Arrived at EDR: 02/01/2017 Telephone: [phone]
Date Made Active in Reports: 02/13/2017 Last EDR Contact: 02/01/2017
Number of Days to Update: 12 Next Scheduled EDR Contact: 05/08/2017
Data Release Frequency: Annually
PA MANIFEST: Manifest Information
Hazardous waste manifest information.
Date of Government Version: 12/31/2015 Source: Department of Environmental Protection
Date Data Arrived at EDR: 07/22/2016 Telephone: [phone]
Date Made Active in Reports: 11/22/2016 Last EDR Contact: 01/12/2017
Number of Days to Update: 123 Next Scheduled EDR Contact: 05/01/2017
Data Release Frequency: Annually
RI MANIFEST: Manifest information
Hazardous waste manifest information
Date of Government Version: 12/31/2013 Source: Department of Environmental Management
Date Data Arrived at EDR: 06/19/2015 Telephone: [phone]
Date Made Active in Reports: 07/15/2015 Last EDR Contact: 02/21/2017
Number of Days to Update: 26 Next Scheduled EDR Contact: 06/05/2017
Data Release Frequency: Annually
WI MANIFEST: Manifest Information
Hazardous waste manifest information.
Date of Government Version: 12/31/2015
Date Data Arrived at EDR: 04/14/2016
Date Made Active in Reports: 06/03/2016
Number of Days to Update: 50
Source: Department of Natural Resources
Telephone: N/A
Last EDR Contact: 03/13/2017
Next Scheduled EDR Contact: 06/26/2017
Data Release Frequency: Annually
Oil/Gas Pipelines
Source: PennWell Corporation
Petroleum Bundle (Crude Oil, Refined Products, Petrochemicals, Gas Liquids (LPG/NGL), and Specialty
Gases (Miscellaneous)) N = Natural Gas Bundle (Natural Gas, Gas Liquids (LPG/NGL), and Specialty Gases
(Miscellaneous)). This map includes information copyrighted by PennWell Corporation. This information
is provided on a best effort basis and PennWell Corporation does not guarantee its accuracy nor warrant
its fitness for any particular purpose. Such information has been reprinted with the permission of PennWell.
Electric Power Transmission Line Data
Source: PennWell Corporation
This map includes information copyrighted by PennWell Corporation. This information is provided on a best
effort basis and PennWell Corporation does not guarantee its accuracy nor warrant its fitness for any
particular purpose. Such information has been reprinted with the permission of PennWell.
TC4903008.2s Page GR -24

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
Sensitive Receptors: There are individuals deemed sensitive receptors due to their fragile immune systems and special sensitivity
to environmental discharges. These sensitive receptors typically include the elderly, the sick, and children. While the location of all
sensitive receptors cannot be determined, EDR indicates those buildings and facilities - schools, daycares, hospitals, medical centers,
and nursing homes - where individuals who are sensitive receptors are likely to be located.
AHA Hospitals:
Source: American Hospital Association, Inc.
Telephone: [phone]
The database includes a listing of hospitals based on the American Hospital Association's annual survey of hospitals.
Medical Centers: Provider of Services Listing
Source: Centers for Medicare & Medicaid Services
Telephone: [phone]
A listing of hospitals with Medicare provider number, produced by Centers of Medicare & Medicaid Services,
a federal agency within the U.S. Department of Health and Human Services.
Nursing Homes
Source: National Institutes of Health
Telephone: [phone]
Information on Medicare and Medicaid certified nursing homes in the United States.
Public Schools
Source: National Center for Education Statistics
Telephone: [phone]
The National Center for Education Statistics' primary database on elementary
and secondary public education in the United States. It is a comprehensive, annual, national statistical
database of all public elementary and secondary schools and school districts, which contains data that are
comparable across all states.
Private Schools
Source: National Center for Education Statistics
Telephone: [phone]
The National Center for Education Statistics' primary database on private school locations in the United States.
Daycare Centers: Child Care Facility List
Source: Department of Health & Human Services
Telephone: [phone]
Flood Zone Data: This data was obtained from the Federal Emergency Management Agency (FEMA). It depicts 100 -year and
500 -year flood zones as defined by FEMA. It includes the National Flood Hazard Layer (NFHL) which incorporates Flood
Insurance Rate Map (FIRM) data and Q3 data from FEMA in areas not covered by NFHL.
Source: FEMA
Telephone: [phone]
Date of Government Version: 2003, 2015
NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR
in 2002, 2005 and 2010 from the U.S. Fish and Wildlife Service.
State Wetlands Data: Wetland Inventory
Source: US Fish & Wildlife Service
Telephone: [phone]
Current USGS 7.5 Minute Topographic Map
Source: U.S. Geological Survey
TC4903008.2s Page GR -25

GOVERNMENT RECORDS SEARCHED /DATA CURRENCY TRACKING
STREET AND ADDRESS INFORMATION
© 2015 TomTom North America, Inc. All rights reserved. This material is proprietary and the subject of copyright protection
and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject
to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material.
TC4903008.2s Page GR -26

GEOCHECK®- PHYSICAL SETTING SOURCE ADDENDUM
TARGET PROPERTY ADDRESS
WEAVER FARM
440 WEAVER RD
GOLDSBORO, NC 27530
TARGET PROPERTY COORDINATES
Latitude (North):
Longitude (West):
Universal Tranverse Mercator:
UTM X (Meters):
UTM Y (Meters):
Elevation:
USGS TOPOGRAPHIC MAP
Target Property Map:
Version Date:
East Map:
Version Date:
35.304094 - 35° 18' 14.74"
78.127297 - 78° 7' 38.27"
Zone 17
761208.1
3910354.5
100 ft. above sea level
5947410 GRANTHAM, NC
2013
5948626 SOUTHWEST GOLDSBORO, NC
2013
EDR's GeoCheck Physical Setting Source Addendum is provided to assist the environmental professional in
forming an opinion about the impact of potential contaminant migration.
Assessment of the impact of contaminant migration generally has two principal investigative components:
1. Groundwater flow direction, and
2. Groundwater flow velocity.
Groundwater flow direction may be impacted by surface topography, hydrology, hydrogeology, characteristics
of the soil, and nearby wells. Groundwater flow velocity is generally impacted by the nature of the
geologic strata.
TC4903008.2s Page A-1

GEOCHECe - PHYSICAL SETTING SOURCE SUMMARY
GROUNDWATER FLOW DIRECTION INFORMATION
Groundwater flow direction for a particular site is best determined by a qualified environmental professional
using site-specific well data. If such data is not reasonably ascertainable, it may be necessary to rely on other
sources of information, such as surface topographic information, hydrologic information, hydrogeologic data
collected on nearby properties, and regional groundwater flow information (from deep aquifers).
TOPOGRAPHIC INFORMATION
Surface topography may be indicative of the direction of surficial groundwater flow. This information can be used to
assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or,
should contamination exist on the target property, what downgradient sites might be impacted.
TARGET PROPERTY TOPOGRAPHY
General Topographic Gradient: General ESE
SURROUNDING TOPOGRAPHY: ELEVATION PROFILES
0
0
j 0I 00 O1 J 100 t00 N pOp N O W A N N W J W
North I South
TP
C
0
CU
W_ _ . _ . _ . _ . _ . _ . _ . _
West
TP
Target Property Elevation: 100 ft.
East
1/2 1 Miles
Source: Topography has been determined from the USGS 7.5' Digital Elevation Model and should be evaluated
on a relative (not an absolute) basis. Relative elevation information between sites of close proximity
should be field verified.
TC4903008.2s Page A-2

GEOCHECe - PHYSICAL SETTING SOURCE SUMMARY
HYDROLOGIC INFORMATION
Surface water can act as a hydrologic barrier to groundwater flow. Such hydrologic information can be used to assist
the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should
contamination exist on the target property, what downgradient sites might be impacted.
Refer to the Physical Setting Source Map following this summary for hydrologic information (major waterways
and bodies of water).
FEMA FLOOD ZONE
Flood Plain Panel at Target Property
3720256600J
Additional Panels in search area:
3720255700J
3720256700J
3720255600J
NATIONAL WETLAND INVENTORY
NWI Quad at Target Property
GRANTHAM
HYDROGEOLOGIC INFORMATION
FEMA Source Type
FEMA FIRM Flood data
FEMA Source Type
FEMA FIRM Flood data
FEMA FIRM Flood data
FEMA FIRM Flood data
NWI Electronic
Data Coverage
YES - refer to the Overview Map and Detail Map
Hydrogeologic information obtained by installation of wells on a specific site can often be an indicator
of groundwater flow direction in the immediate area. Such hydrogeologic information can be used to assist the
environmental professional in forming an opinion about the impact of nearby contaminated properties or, should
contamination exist on the target property, what downgradient sites might be impacted.
AQUIFLOW®
Search Radius: 1.000 Mile.
EDR has developed the AQUIFLOW Information System to provide data on the general direction of groundwater
flow at specific points. EDR has reviewed reports submitted by environmental professionals to regulatory
authorities at select sites and has extracted the date of the report, groundwater flow direction as determined
hydrogeologically, and the depth to water table.
LOCATION GENERAL DIRECTION
MAP ID FROM TP GROUNDWATER FLOW
Not Reported
TC4903008.2s Page A-3

GEOCHECe - PHYSICAL SETTING SOURCE SUMMARY
GROUNDWATER FLOW VELOCITY INFORMATION
Groundwater flow velocity information for a particular site is best determined by a qualified environmental professional
using site specific geologic and soil strata data. If such data are not reasonably ascertainable, it may be necessary
to rely on other sources of information, including geologic age identification, rock stratigraphic unit and soil
characteristics data collected on nearby properties and regional soil information. In general, contaminant plumes
move more quickly through sandy -gravelly types of soils than silty -clayey types of soils.
GEOLOGIC INFORMATION IN GENERAL AREA OF TARGET PROPERTY
Geologic information can be used by the environmental professional in forming an opinion about the relative speed
at which contaminant migration may be occurring.
ROCK STRATIGRAPHIC UNIT
GEOLOGIC AGE IDENTIFICATION
Era: Paleozoic Category: Eugeosynclinal Deposits
System: Cambrian
Series: Cambrian
Code: Ce (decoded above as Era, System & Series)
Geologic Age and Rock Stratigraphic Unit Source: P.G. Schruben, R.E. Arndt and W.J. Bawiec, Geology
of the Conterminous U.S. at 1:2,500,000 Scale - a digital representation of the 1974 P.B. King and H.M. Beikman
Map, USGS Digital Data Series DDS - 11 (1994).
DOMINANT SOIL COMPOSITION IN GENERAL AREA OF TARGET PROPERTY
The U.S. Department of Agriculture's (USDA) Soil Conservation Service (SCS) leads the National Cooperative Soil
Survey (NCSS) and is responsible for collecting, storing, maintaining and distributing soil survey information
for privately owned lands in the United States. A soil map in a soil survey is a representation of soil patterns
in a landscape. Soil maps for STATSGO are compiled by generalizing more detailed (SSURGO) soil survey maps.
The following information is based on Soil Conservation Service STATSGO data.
Soil Component Name: NORFOLK
Soil Surface Texture: loamy sand
Hydrologic Group: Class B - Moderate infiltration rates. Deep and moderately deep,
moderately well and well drained soils with moderately coarse
textures.
Soil Drainage Class: Well drained. Soils have intermediate water holding capacity. Depth to
water table is more than 6 feet.
Hydric Status: Soil does not meet the requirements for a hydric soil.
Corrosion Potential - Uncoated Steel: MODERATE
Depth to Bedrock Min: > 60 inches
Depth to Bedrock Max: > 60 inches
TC4903008.2s Page A-4

GEOCHECe - PHYSICAL SETTING SOURCE SUMMARY
Soil Layer Information
Boundary
Classification
Layer
Upper
Lower
Soil Texture Class
AASHTO Group
Unified Soil
Permeability
Soil Reaction
Rate (in/hr)
(pH)
1
0 inches
14 inches
loamy sand
Granular
COARSE-GRAINED
Max: 20.00
Max: 6.00
materials (35
SOILS, Sands,
Min: 6.00
Min: 3.60
pct. or less
Sands with fines,
passing No.
Silty Sand.
200), Silty, or
Clayey Gravel
and Sand.
2
14 inches
38 inches
sandy loam
Granular
COARSE-GRAINED
Max: 2.00
Max: 5.50
materials (35
SOILS, Sands,
Min: 0.60
Min: 3.60
pct. or less
Sands with fines,
passing No.
Clayey sand.
200), Silty, or
Clayey Gravel
and Sand.
3
38 inches
70 inches
sandy clay loam
Silt -Clay
COARSE-GRAINED
Max: 2.00
Max: 5.50
Materials (more
SOILS, Sands,
Min: 0.60
Min: 3.60
than 35 pct.
Sands with fines,
passing No.
Clayey sand.
200), Silty
Soils.
4
70 inches
99 inches
variable
Not reported
Not reported
Max: 0.00
Max: 0.00
Min: 0.00
Min: 0.00
OTHER SOIL TYPES IN AREA
Based on Soil Conservation Service STATSGO data, the following additional subordinant soil types may
appear within the general area of target property.
Soil Surface Textures: sandy loam
loam
mucky - loam
Surficial Soil Types: sandy loam
loam
mucky - loam
Shallow Soil Types: fine sandy loam
sandy clay loam
clay loam
Deeper Soil Types: sandy clay loam
stratified
sandy clay
TC4903008.2s Page A-5

GEOCHECe - PHYSICAL SETTING SOURCE SUMMARY
LOCAL / REGIONAL WATER AGENCY RECORDS
EDR Local/Regional Water Agency records provide water well information to assist the environmental
professional in assessing sources that may impact ground water flow direction, and in forming an
opinion about the impact of contaminant migration on nearby drinking water wells.
WELL SEARCH DISTANCE INFORMATION
DATABASE SEARCH DISTANCE (miles)
Federal USGS 1.000
Federal FRDS PWS Nearest PWS within 1 mile
State Database 1.000
FEDERAL USGS WELL INFORMATION
LOCATION
MAP ID WELL ID FROM TP
1 USGS40000886182 1/2 -1 Mile SSW
2 USGS40000886308 1/2 - 1 Mile NW
FEDERAL FRDS PUBLIC WATER SUPPLY SYSTEM INFORMATION
LOCATION
MAP ID WELL ID FROM TP
No PWS System Found
Note: PWS System location is not always the same as well location.
STATE DATABASE WELL INFORMATION
LOCATION
MAP ID WELL ID FROM TP
No Wells Found
TC4903008.2s Page A-6

PHYSICAL SETTING SOURCE MAP - 4903008.2s
/V County Boundary
/V Major Roads
N Contour Lines
0 Earthquake epicenter, Richter 5 or greater
® Water Wells
© Public Water Supply Wells
® Cluster of Multiple Icons
0 1/4 1/2 1 Miles
Groundwater Flow Direction Wildlife Areas
CcD Indeterminate Groundwater Flow at Location Natural Areas
Cc v Groundwater Flow Varies at Location o Rare & Endangered Species
SITE NAME: Weaver Farm CLIENT: Restoration Systems, LLC
ADDRESS: 440 Weaver Rd CONTACT: Raymond Holz
Goldsboro NC 27530 INQUIRY #: 4903008.2s
LAT/LONG: 35.304094 / 78.127297 DATE: April 10, 2017 10:13 am
Copyright (o 2017 EDR, Inc. c) 2015 TomTom Rel. 2015.

Map ID
Direction
Distance
Elevation
GEOCHECK®- PHYSICAL SETTING SOURCE MAP FINDINGS
Database EDR ID Number
1
SSW FED USGS
1/2 - 1 Mile
Higher
Org.Identifier:
USGS-NC
Formal name:
USGS North Carolina Water Science
Center
FED USGS
Monloc Identifier:
USGS-351738078075501
Monloc name:
WA -075
Monloc type:
Well
Monloc desc:
Not Reported
Monloc Identifier:
Huc code:
03020201
Drainagearea value:
Not Reported
Drainagearea Units:
Not Reported
Contrib drainagearea:
Not Reported
Contrib drainagearea units:
Not Reported
Latitude:
35.2938889
Longitude:
-78.1319444
Sourcemap scale:
24000
Horiz Acc measure:
1
Horiz Acc measure units:
seconds
Horiz Collection method:
Interpolated from Digital Map
Not Reported
Contrib drainagearea units:
Horiz coord refsys:
NAD83
Vert measure val:
130
Vert measure units:
feet
Vertacc measure val:
1.6
Vert accmeasure units:
feet
seconds
Horiz Collection method:
Vertcollection method:
Interpolated from digital elevation model (DEM)
Vert coord refsys:
NAVD88
Countrycode:
US
Aquifername:
Not Reported
Vertacc measure val:
Not Reported
Formation type:
Not Reported
Aquifer type:
Not Reported
Construction date:
Not Reported
Welldepth:
91
Welldepth units:
ft
Wellholedepth:
Not Reported
Wellholedepth units:
Not Reported
Ground -water levels, Number of Measurements: 0
2
NW
FED USGS
1/2 - 1 Mile
Higher
Org.Identifier:
USGS-NC
Formal name:
USGS North Carolina Water Science Center
Monloc Identifier:
USGS-351845078082901
Monloc name:
WA -071
Monloc type:
Well
Monloc desc:
Not Reported
Huc code:
03020201
Drainagearea value:
Not Reported
Drainagearea Units:
Not Reported
Contrib drainagearea:
Not Reported
Contrib drainagearea units:
Not Reported
Latitude:
35.3126633
Longitude:
-78.1411042
Sourcemap scale:
Not Reported
Horiz Acc measure:
1
Horiz Acc measure units:
seconds
Horiz Collection method:
Interpolated from map
Horiz coord refsys:
NAD83
Vert measure val:
Not Reported
Vert measure units:
Not Reported
Vertacc measure val:
Not Reported
Vert accmeasure units:
Not Reported
Vertcollection method:
Not Reported
Vert coord refsys:
Not Reported
Countrycode:
US
Aquifername:
Northern Atlantic Coastal Plain
aquifer system
Formation type:
Black Creek Aquifer
USGS40000886182
USGS40000886308
TC4903008.2s Page A-8

GEOCHECK®- PHYSICAL SETTING SOURCE MAP FINDINGS
Aquifer type: Not Reported
Construction date: Not Reported Welldepth:
Welldepth units: ft Wellholedepth:
Wellholedepth units: Not Reported
Ground -water levels, Number of Measurements: 0
81
Not Reported
TC4903008.2s Page A-9

GEOCHECK®- PHYSICAL SETTING SOURCE MAP FINDINGS
RADON
AREA RADON INFORMATION
Federal EPA Radon Zone for WAYNE County: 3
Note: Zone 1 indoor average level > 4 pCi/L.
Zone 2 indoor average level — 2 pCi/L and — 4 pCi/L.
Zone 3 indoor average level < 2 pCi/L.
Federal Area Radon Information for Zip Code:
27530
Number of sites tested: 1
Area
Average Activity
% <4 pCi/L
% 4-20 pCi/L
% >20 pCi/L
Living Area - 1 st Floor
0.600 pCi/L
100%
0%
0%
Living Area - 2nd Floor
Not Reported
Not Reported
Not Reported
Not Reported
Basement
Not Reported
Not Reported
Not Reported
Not Reported
TC4903008.2s Page A-10

PHYSICAL SETTING SOURCE RECORDS SEARCHED
TOPOGRAPHIC INFORMATION
USGS 7.5' Digital Elevation Model (DEM)
Source: United States Geologic Survey
EDR acquired the USGS 7.5' Digital Elevation Model in 2002 and updated it in 2006. The 7.5 minute DEM corresponds
to the USGS 1:24,000- and 1:25,000 -scale topographic quadrangle maps. The DEM provides elevation data
with consistent elevation units and projection.
Current USGS 7.5 Minute Topographic Map
Source: U.S. Geological Survey
HYDROLOGIC INFORMATION
Flood Zone Data: This data was obtained from the Federal Emergency Management Agency (FEMA). It depicts 100 -year and
500 -year flood zones as defined by FEMA. It includes the National Flood Hazard Layer (NFHL) which incorporates Flood
Insurance Rate Map (FIRM) data and Q3 data from FEMA in areas not covered by NFHL.
Source: FEMA
Telephone: [phone]
Date of Government Version: 2003, 2015
NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR
in 2002, 2005 and 2010 from the U.S. Fish and Wildlife Service.
State Wetlands Data: Wetland Inventory
Source: US Fish & Wildlife Service
Telephone: [phone]
HYDROGEOLOGIC INFORMATION
AQUIFLOWR Information System
Source: EDR proprietary database of groundwater flow information
EDR has developed the AQUIFLOW Information System (AIS) to provide data on the general direction of groundwater
flow at specific points. EDR has reviewed reports submitted to regulatory authorities at select sites and has
extracted the date of the report, hydrogeologically determined groundwater flow direction and depth to water table
information.
GEOLOGIC INFORMATION
Geologic Age and Rock Stratigraphic Unit
Source: P.G. Schruben, R.E. Arndt and W.J. Bawiec, Geology of the Conterminous U.S. at 1:2,500,000 Scale - A digital
representation of the 1974 P.B. King and H.M. Beikman Map, USGS Digital Data Series DDS - 11 (1994).
STATSGO: State Soil Geographic Database
Source: Department of Agriculture, Natural Resources Conservation Service (NRCS)
The U.S. Department of Agriculture's (USDA) Natural Resources Conservation Service (NRCS) leads the national
Conservation Soil Survey (NCSS) and is responsible for collecting, storing, maintaining and distributing soil
survey information for privately owned lands in the United States. A soil map in a soil survey is a representation
of soil patterns in a landscape. Soil maps for STATSGO are compiled by generalizing more detailed (SSURGO)
soil survey maps.
SSURGO: Soil Survey Geographic Database
Source: Department of Agriculture, Natural Resources Conservation Service (NRCS)
Telephone: [phone]
SSURGO is the most detailed level of mapping done by the Natural Resources Conservation Service, mapping
scales generally range from 1:12,000 to 1:63,360. Field mapping methods using national standards are used to
construct the soil maps in the Soil Survey Geographic (SSURGO) database. SSURGO digitizing duplicates the
original soil survey maps. This level of mapping is designed for use by landowners, townships and county
natural resource planning and management.
TC4903008.2s Page PSGR-1

PHYSICAL SETTING SOURCE RECORDS SEARCHED
LOCAL / REGIONAL WATER AGENCY RECORDS
FEDERAL WATER WELLS
PWS: Public Water Systems
Source: EPA/Office of Drinking Water
Telephone: [phone]
Public Water System data from the Federal Reporting Data System. A PWS is any water system which provides water to at
least 25 people for at least 60 days annually. PWSs provide water from wells, rivers and other sources.
PWS ENF: Public Water Systems Violation and Enforcement Data
Source: EPA/Office of Drinking Water
Telephone: [phone]
Violation and Enforcement data for Public Water Systems from the Safe Drinking Water Information System (SDWIS) after
August 1995. Prior to August 1995, the data came from the Federal Reporting Data System (FRDS).
USGS Water Wells: USGS National Water Inventory System (NWIS)
This database contains descriptive information on sites where the USGS collects or has collected data on surface
water and/or groundwater. The groundwater data includes information on wells, springs, and other sources of groundwater.
STATE RECORDS
North Carolina Public Water Supply Wells
Source: Department of Environmental Health
Telephone: [phone]
OTHER STATE DATABASE INFORMATION
NC Natural Areas: Significant Natural Heritage Areas
Source: Center for Geographic Information and Analysis
Telephone: [phone]
A polygon converage identifying sites (terrestrial or aquatic that have particular biodiversity significance.
A site's significance may be due to the presenceof rare species, rare or hight quality natural communities, or
other important ecological features.
NC Game Lands: Wildlife Resources Commission Game Lands
Source: Center for Geographic Information and Analysis
Telephone: [phone]
All publicly owned game lands managed by the North Carolina Wildlife Resources Commission and as listed in Hunting
and Fishing Maps.
NC Natural Heritage Sites: Natural Heritage Element Occurrence Sites
Source: Center for Geographic Information and Analysis
Telephone: [phone]
A point coverage identifying locations of rare and endangered species, occurrences of exemplary or unique natural
ecosystems (terrestrial or aquatic), and special animal habitats (e.g., colonial waterbird nesting sites).
RADON
State Database: NC Radon
Source: Department of Environment & Natural Resources
Telephone: [phone]
Radon Statistical and Non Statiscal Data
Area Radon Information
Source: USGS
Telephone: [phone]
The National Radon Database has been developed by the U.S. Environmental Protection Agency
(USEPA) and is a compilation of the EPA/State Residential Radon Survey and the National Residential Radon Survey.
The study covers the years 1986 - 1992. Where necessary data has been supplemented by information collected at
private sources such as universities and research institutions.
TC4903008.2s Page PSGR-2

PHYSICAL SETTING SOURCE RECORDS SEARCHED
EPA Radon Zones
Source: EPA
Telephone: [phone]
Sections 307 & 309 of IRAA directed EPA to list and identify areas of U.S. with the potential for elevated indoor
radon levels.
OTHER
Airport Landing Facilities: Private and public use landing facilities
Source: Federal Aviation Administration, 800-457-6656
Epicenters: World earthquake epicenters, Richter 5 or greater
Source: Department of Commerce, National Oceanic and Atmospheric Administration
Earthquake Fault Lines: The fault lines displayed on EDR's Topographic map are digitized quaternary faultlines, prepared
in 1975 by the United State Geological Survey
STREET AND ADDRESS INFORMATION
© 2015 TomTom North America, Inc. All rights reserved. This material is proprietary and the subject of copyright protection
and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject
to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material.
TC4903008.2s Page PSGR-3

Appendix F: Permitting References
USACE Nationwide Permits 13, Bank Stabilization, and 40, Agricultural Activities
FEMA Flood Insurance Rate Map of NC, Panel 2566 & 2565
NC Sedimentation Pollution Control Act of 1973
Weaver Farm Bank Parcel Development Plan Appendices

NATIONWIDE PERMIT 13
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2012
Bank Stabilization. Bank stabilization activities necessary for erosion prevention,
provided the activity meets all of the following criteria:
(a) No material is placed in excess of the minimum needed for erosion protection;
(b) The activity is no more than 500 feet in length along the bank, unless the district
engineer waives this criterion by making a written determination concluding that the discharge
will result in minimal adverse effects;
(c) The activity will not exceed an average of one cubic yard per running foot placed
along the bank below the plane of the ordinary high water mark or the high tide line, unless the
district engineer waives this criterion by making a written determination concluding that the
discharge will result in minimal adverse effects;
(d) The activity does not involve discharges of dredged or fill material into special
aquatic sites, unless the district engineer waives this criterion by making a written determination
concluding that the discharge will result in minimal adverse effects;
(e) No material is of a type, or is placed in any location, or in any manner, that will impair
surface water flow into or out of any waters of the United States;
(f) No material is placed in a manner that will be eroded by normal or expected high
flows (properly anchored trees and treetops may be used in low energy areas); and,
(g) The activity is not a stream channelization activity.
This NWP also authorizes temporary structures, fills, and work necessary to construct the
bank stabilization activity. Appropriate measures must be taken to maintain normal downstream
flows and minimize flooding to the maximum extent practicable, when temporary structures,
work, and discharges, including cofferdams, are necessary for construction activities, access fills,
or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a
manner, that will not be eroded by expected high flows. Temporary fills must be removed in
their entirety and the affected areas returned to pre -construction elevations. The areas affected by
temporary fills must be revegetated, as appropriate.
Invasive plant species shall not be used for bioengineering or vegetative bank
stabilization.
Notification: The permittee must submit a pre -construction notification to the district
engineer prior to commencing the activity if the bank stabilization activity: (1) involves
discharges into special aquatic sites; or (2) is in excess of 500 feet in length; or (3) will involve
the discharge of greater than an average of one cubic yard per running foot along the bank below
the plane of the ordinary high water mark or the high tide line. (See general condition 31.)
(Sections 10 and 404)

NATIONWIDE PERMIT CONDITIONS
The following General Conditions must be followed in order for any authorization by a N W P to
he valid -
1. Navigation. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations
or otherwise, must be installed and maintained at the permittee's expense on authorized facilities
in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound
water. All permanent and temporary crossings of waterbodies shall be suitably culverted,
bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of
those aquatic species.
3. dawning Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
through excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48, or is a shellfish seeding or habitat restoration activity authorized by NWT 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization.
2

8. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting
its flow must be minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre -construction
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization and storm water management activities, except as provided
below. The activity must be constructed to withstand expected high flows. The activity must not
restrict or impede the passage of normal or high flows, unless the primary purpose of the activity
is to impound water or manage high flows. The activity may alter the pre -construction course,
condition, capacity, and location of open waters if it benefits the aquatic environment (e.g.,
stream restoration or relocation activities).
10. Fills Within 100 -Year Floodplains. The activity must comply with applicable FEMA -
approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on
mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low -flow or no -flow.
13. Removal of TemporM Fills. Temporary fills must be removed in their entirety and
the affected areas returned to pre -construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety and compliance with applicable NWP general
conditions, as well as any activity -specific conditions added by the district engineer to an NWT
authorization.
15. Single and Complete Project. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild
and Scenic River System, or in a river officially designated by Congress as a "study river" for
possible inclusion in the system while the river is in an official study status, unless the
appropriate Federal agency with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation or study status. Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land management agency responsible for the designated Wild and Scenic
River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service).

17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
18. Endangered Species. (a) No activity is authorized under any NWP which is likely to
directly or indirectly jeopardize the continued existence of a threatened or endangered species or
a species proposed for such designation, as identified under the Federal Endangered Species Act
(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such
species. No activity is authorized under any NWP which "may affect" a listed species or critical
habitat, unless Section 7 consultation addressing the effects of the proposed activity has been
completed.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements. The district
engineer will review the documentation and determine whether it is sufficient to address ESA
compliance for the NWP activity, or whether additional ESA consultation is necessary.
(c) Non-federal permittees must submit a pre -construction notification to the district
engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, and shall not begin work
on the activity until notified by the district engineer that the requirements of the ESA have been
satisfied and that the activity is authorized. For activities that might affect Federally -listed
endangered or threatened species or designated critical habitat, the pre -construction notification
must include the name(s) of the endangered or threatened species that might be affected by the
proposed work or that utilize the designated critical habitat that might be affected by the
proposed work. The district engineer will determine whether the proposed activity "may affect"
or will have "no effect" to listed species and designated critical habitat and will notify the non -
Federal applicant of the Corps' determination within 45 days of receipt of a complete pre -
construction notification. In cases where the non -Federal applicant has identified listed species or
critical habitat that might be affected or is in the vicinity of the project, and has so notified the
Corps, the applicant shall not begin work until the Corps has provided notification the proposed
activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation
has been completed. If the non -Federal applicant has not heard back from the Corps within 45
days, the applicant must still wait for notification from the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the district
engineer may add species-specific regional endangered species conditions to the NWPs.
(e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the
jurisdiction of the United States to take a listed species, where "take" means to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such
conduct. The word "harm" in the definition of "take" means an act which actually kills or injures
wildlife. Such an act may include significant habitat modification or degradation where it
actually kills or injures wildlife by significantly impairing essential behavioral patterns,
including breeding, feeding or sheltering.
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(f) Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide
web pages at http://www.fvvs.gov/ or http://www.fws.gov/ipac and
http://www.noaa.gov/fisheries.html respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for
obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations
governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle
Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and
Wildlife Service to determine if such "take" permits are required for a particular activity.
20. Historic Properties. (a) In cases where the district engineer determines that the
activity may affect properties listed, or eligible for listing, in the National Register of Historic
Places, the activity is not authorized, until the requirements of Section 106 of the National
Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of Section 106 of the National Historic Preservation Act. Federal permittees must
provide the district engineer with the appropriate documentation to demonstrate compliance with
those requirements. The district engineer will review the documentation and determine whether
it is sufficient to address section 106 compliance for the NWP activity, or whether additional
section 106 consultation is necessary.
(c) Non-federal permittees must submit a pre -construction notification to the district
engineer if the authorized activity may have the potential to cause effects to any historic
properties listed on, determined to be eligible for listing on, or potentially eligible for listing on
the National Register of Historic Places, including previously unidentified properties. For such
activities, the pre -construction notification must state which historic properties may be affected
by the proposed work or include a vicinity map indicating the location of the historic properties
or the potential for the presence of historic properties. Assistance regarding information on the
location of or potential for the presence of historic resources can be sought from the State
Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the
National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction
notifications, district engineers will comply with the current procedures for addressing the
requirements of Section 106 of the National Historic Preservation Act. The district engineer shall
make a reasonable and good faith effort to carry out appropriate identification efforts, which may
include background research, consultation, oral history interviews, sample field investigation,
and field survey. Based on the information submitted and these efforts, the district engineer shall
determine whether the proposed activity has the potential to cause an effect on the historic
properties. Where the non -Federal applicant has identified historic properties on which the
activity may have the potential to cause effects and so notified the Corps, the non -Federal
applicant shall not begin the activity until notified by the district engineer either that the activity
has no potential to cause effects or that consultation under Section 106 of the NHPA has been
completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt
of a complete pre -construction notification whether NHPA Section 106 consultation is required.
Section 106 consultation is not required when the Corps determines that the activity does not
have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA
5

section 106 consultation is required and will occur, the district engineer will notify the non -
Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If
the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must
still wait for notification from the Corps.
(e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C.
470h -2(k)) prevents the Corps from granting a permit or other assistance to an applicant who,
with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on Historic Preservation (ACNP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACHP and
provide documentation specifying the circumstances, the degree of damage to the integrity of
any historic properties affected, and proposed mitigation. This documentation must include any
views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking
occurs on or affects historic properties on tribal lands or affects properties of interest to those
tribes, and other parties known to have a legitimate interest in the impacts to the permitted
activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover any
previously unknown historic, cultural or archeological remains and artifacts while accomplishing
the activity authorized by this permit, you must immediately notify the district engineer of what
you have found, and to the maximum extent practicable, avoid construction activities that may
affect the remains and artifacts until the required coordination has been completed. The district
engineer will initiate the Federal, Tribal and state coordination required to determine if the items
or remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-
managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves.
The district engineer may designate, after notice and opportunity for public comment, additional
waters officially designated by a state as having particular environmental or ecological
significance, such as outstanding national resource waters or state natural heritage sites. The
district engineer may also designate additional critical resource waters after notice and
opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for
any activity within, or directly affecting, critical resource waters, including wetlands adjacent to
such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with general condition 31, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
2

23. Mitigation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that adverse effects on
the aquatic environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent, to waters of the United States to the maximum extent practicable
at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating for resource losses) will be required to the extent necessary to ensure that the
adverse effects to the aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland losses that exceed 1/10 -acre and require pre -construction notification, unless the district
engineer determines in writing that either some other form of mitigation would be more
environmentally appropriate or the adverse effects of the proposed activity are minimal, and
provides a project -specific waiver of this requirement. For wetland losses of 1/10 -acre or less
that require pre -construction notification, the district engineer may determine on a case-by-case
basis that compensatory mitigation is required to ensure that the activity results in minimal
adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset
losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate compensatory
mitigation option if compensatory mitigation is necessary to ensure that the activity results in
minimal adverse effects on the aquatic environment.
(2) Since the likelihood of success is greater and the impacts to potentially valuable
uplands are reduced, wetland restoration should be the first compensatory mitigation option
considered.
(3) If permittee -responsible mitigation is the proposed option, the prospective permittee is
responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be
used by the district engineer to make the decision on the NWP verification request, but a final
mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) — (14) must be
approved by the district engineer before the permittee begins work in waters of the United States,
unless the district engineer determines that prior approval of the final mitigation plan is not
practicable or not necessary to ensure timely completion of the required compensatory mitigation
(see 33 CFR 332.3(k)(3)).
(4) If mitigation bank or in -lieu fee program credits are the proposed option, the
mitigation plan only needs to address the baseline conditions at the impact site and the number of
credits to be provided.
(5) Compensatory mitigation requirements (e.g., resource type and amount to be provided
as compensatory mitigation, site protection, ecological performance standards, monitoring
requirements) may be addressed through conditions added to the NWP authorization, instead of
components of a compensatory mitigation plan.
(d) For losses of streams or other open waters that require pre -construction notification,
the district engineer may require compensatory mitigation, such as stream rehabilitation,
enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the
aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by
the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 -acre, it
cannot be used to authorize any project resulting in the loss of greater than 1/2 -acre of waters of
7

the United States, even if compensatory mitigation is provided that replaces or restores some of
the lost waters. However, compensatory mitigation can and should be used, as necessary, to
ensure that a project already meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs.
(f) Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the restoration or establishment, maintenance, and legal
protection (e.g., conservation easements) of riparian areas next to open waters. In some cases,
riparian areas may be the only compensatory mitigation required. Riparian areas should consist
of native species. The width of the required riparian area will address documented water quality
or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each
side of the stream, but the district engineer may require slightly wider riparian areas to address
documented water quality or habitat loss concerns. If it is not possible to establish a riparian area
on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or
establishing a riparian area along a single bank or shoreline may be sufficient. Where both
wetlands and open waters exist on the project site, the district engineer will determine the
appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based
on what is best for the aquatic environment on a watershed basis. In cases where riparian areas
are determined to be the most appropriate form of compensatory mitigation, the district engineer
may waive or reduce the requirement to provide wetland compensatory mitigation for wetland
losses.
(g) Permittees may propose the use of mitigation banks, in -lieu fee programs, or separate
permittee -responsible mitigation. For activities resulting in the loss of marine or estuarine
resources, permittee -responsible compensatory mitigation may be environmentally preferable if
there are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine
credits available for sale or transfer to the permittee. For permittee -responsible mitigation, the
special conditions of the NWP verification must clearly indicate the party or parties responsible
for the implementation and performance of the compensatory mitigation project, and, if required,
its long-term management.
(h) Where certain functions and services of waters of the United States are permanently
adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous
wetland in a permanently maintained utility line right-of-way, mitigation may be required to
reduce the adverse effects of the project to the minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures are
safely designed, the district engineer may require non -Federal applicants to demonstrate that the
structures comply with established state dam safety criteria or have been designed by qualified
persons. The district engineer may also require documentation that the design has been
independently reviewed by similarly qualified persons, and appropriate modifications made to
ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individual 401 Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or
State or Tribe may require additional water quality management measures to ensure that the
authorized activity does not result in more than minimal degradation of water quality.

26. Coastal Zone Management. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
27. Regional and Case -By -Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its
section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,
with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United States for the total project cannot exceed 1/3 -acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district office
to validate the transfer. A copy of the nationwide permit verification must be attached to the
letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at
the time the property is transferred, the terms and conditions of this nationwide permit, including
any special conditions, will continue to be binding on the new owner(s) of the property. To
validate the transfer of this nationwide permit and the associated liabilities associated with
compliance with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification letter
from the Corps must provide a signed certification documenting completion of the authorized
activity and any required compensatory mitigation. The success of any required permittee -
responsible mitigation, including the achievement of ecological performance standards, will be
addressed separately by the district engineer. The Corps will provide the permittee the
certification document with the NWP verification letter. The certification document will
include:
9

(a) A statement that the authorized work was done in accordance with the NWP
authorization, including any general, regional, or activity -specific conditions;
(b) A statement that the implementation of any required compensatory mitigation was
completed in accordance with the permit conditions. If credits from a mitigation bank or in -lieu
fee program are used to satisfy the compensatory mitigation requirements, the certification must
include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured
the appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
31. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP,
the prospective permittee must notify the district engineer by submitting a pre -construction
notification (PCN) as early as possible. The district engineer must determine if the PCN is
complete within 30 calendar days of the date of receipt and, if the PCN is determined to be
incomplete, notify the prospective permittee within that 30 day period to request the additional
information necessary to make the PCN complete. The request must specify the information
needed to make the PCN complete. As a general rule, district engineers will request additional
information necessary to make the PCN complete only once. However, if the prospective
permittee does not provide all of the requested information, then the district engineer will notify
the prospective permittee that the PCN is still incomplete and the PCN review process will not
commence until all of the requested information has been received by the district engineer. The
prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2) 45 calendar days have passed from the district engineer's receipt of the complete PCN
and the prospective permittee has not received written notice from the district or division
engineer. However, if the permittee was required to notify the Corps pursuant to general
condition 18 that listed species or critical habitat might be affected or in the vicinity of the
project, or to notify the Corps pursuant to general condition 20 that the activity may have the
potential to cause effects to historic properties, the permittee cannot begin the activity until
receiving written notification from the Corps that there is "no effect" on listed species or "no
potential to cause effects" on historic properties, or that any consultation required under Section
7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National
Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under
NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the
proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee
may not begin the activity until the district engineer issues the waiver. If the district or division
engineer notifies the permittee in writing that an individual permit is required within 45 calendar
days of receipt of a complete PCN, the permittee cannot begin the activity until an individual
permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
(b) Contents of Pre -Construction Notification: The PCN must be in writing and include
the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
10

(3) A description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause, including the anticipated amount of loss
of water of the United States expected to result from the NWP activity, in acres, linear feet, or
other appropriate unit of measure; any other NWP(s), regional general permit(s), or individual
permit(s) used or intended to be used to authorize any part of the proposed project or any related
activity. The description should be sufficiently detailed to allow the district engineer to
determine that the adverse effects of the project will be minimal and to determine the need for
compensatory mitigation. Sketches should be provided when necessary to show that the activity
complies with the terms of the NWP. (Sketches usually clarify the project and when provided
results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative
description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed
engineering plans);
(4) The PCN must include a delineation of wetlands, other special aquatic sites, and other
waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the
project site. Wetland delineations must be prepared in accordance with the current method
required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and
other waters on the project site, but there may be a delay if the Corps does the delineation,
especially if the project site is large or contains many waters of the United States. Furthermore,
the 45 day period will not start until the delineation has been submitted to or completed by the
Corps, as appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10 -acre of wetlands and
a PCN is required, the prospective permittee must submit a statement describing how the
mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and
why compensatory mitigation should not be required. As an alternative, the prospective
permittee may submit a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, for non -Federal applicants
the PCN must include the name(s) of those endangered or threatened species that might be
affected by the proposed work or utilize the designated critical habitat that may be affected by
the proposed work. Federal applicants must provide documentation demonstrating compliance
with the Endangered Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be eligible
for listing on, or potentially eligible for listing on, the National Register of Historic Places, for
non -Federal applicants the PCN must state which historic property may be affected by the
proposed work or include a vicinity map indicating the location of the historic property. Federal
applicants must provide documentation demonstrating compliance with Section 106 of the
National Historic Preservation Act.
(c) Form of Pre -Construction Notification: The standard individual permit application
form (Form ENG 4345) may be used, but the completed application form must clearly indicate
that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7)
of this general condition. A letter containing the required information may also be used.
(d) Agency Coordination: (1) The district engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal level.
11

(2) For all NWP activities that require pre -construction notification and result in the loss
of greater than 1/2 -acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50,
51, and 52 activities that require pre -construction notification and will result in the loss of greater
than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that
require pre -construction notification, the district engineer will immediately provide (e.g., via e-
mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the
complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or
water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic
Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37,
these agencies will have 10 calendar days from the date the material is transmitted to telephone
or fax the district engineer notice that they intend to provide substantive, site-specific comments.
The comments must explain why the agency believes the adverse effects will be more than
minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar
days before making a decision on the pre -construction notification. The district engineer will
fully consider agency comments received within the specified time frame concerning the
proposed activity's compliance with the terms and conditions of the NWPs, including the need
for mitigation to ensure the net adverse environmental effects to the aquatic environment of the
proposed activity are minimal. The district engineer will provide no response to the resource
agency, except as provided below. The district engineer will indicate in the administrative record
associated with each pre -construction notification that the resource agencies' concerns were
considered. For NWP 37, the emergency watershed protection and rehabilitation activity may
proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of
property or economic hardship will occur. The district engineer will consider any comments
received to decide whether the NWP 37 authorization should be modified, suspended, or revoked
in accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the
Magnuson -Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps with either electronic files or multiple
copies of pre -construction notifications to expedite agency coordination.
D. District Engineer's Decision
1. In reviewing the PCN for the proposed activity, the district engineer will determine
whether the activity authorized by the NWP will result in more than minimal individual or
cumulative adverse environmental effects or may be contrary to the public interest. For a linear
project, this determination will include an evaluation of the individual crossings to determine
whether they individually satisfy the terms and conditions of the NWP(s), as well as the
cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a
waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an
otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or
52, the district engineer will only grant the waiver upon a written determination that the NWP
activity will result in minimal adverse effects. When making minimal effects determinations the
district engineer will consider the direct and indirect effects caused by the NWP activity. The
district engineer will also consider site specific factors, such as the environmental setting in the
12

vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the
functions provided by the aquatic resources that will be affected by the NWP activity, the degree
or magnitude to which the aquatic resources perform those functions, the extent that aquatic
resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the
duration of the adverse effects (temporary or permanent), the importance of the aquatic resource
functions to the region (e.g., watershed or ecoregion), and mitigation required by the district
engineer. If an appropriate functional assessment method is available and practicable to use, that
assessment method may be used by the district engineer to assist in the minimal adverse effects
determination. The district engineer may add case -specific special conditions to the NWP
authorization to address site-specific environmental concerns.
2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10 -
acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN.
Applicants may also propose compensatory mitigation for projects with smaller impacts. The
district engineer will consider any proposed compensatory mitigation the applicant has included
in the proposal in determining whether the net adverse environmental effects to the aquatic
environment of the proposed activity are minimal. The compensatory mitigation proposal may be
either conceptual or detailed. If the district engineer determines that the activity complies with
the terms and conditions of the NWP and that the adverse effects on the aquatic environment are
minimal, after considering mitigation, the district engineer will notify the permittee and include
any activity -specific conditions in the NWP verification the district engineer deems necessary.
Conditions for compensatory mitigation requirements must comply with the appropriate
provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan
before the permittee commences work in waters of the United States, unless the district engineer
determines that prior approval of the final mitigation plan is not practicable or not necessary to
ensure timely completion of the required compensatory mitigation. If the prospective permittee
elects to submit a compensatory mitigation plan with the PCN, the district engineer will
expeditiously review the proposed compensatory mitigation plan. The district engineer must
review the proposed compensatory mitigation plan within 45 calendar days of receiving a
complete PCN and determine whether the proposed mitigation would ensure no more than
minimal adverse effects on the aquatic environment. If the net adverse effects of the project on
the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the district engineer to be minimal, the district engineer will provide a timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NWP, including any activity -specific conditions added to the NWP
authorization by the district engineer.
3. If the district engineer determines that the adverse effects of the proposed work are
more than minimal, then the district engineer will notify the applicant either: (a) That the project
does not qualify for authorization under the NWP and instruct the applicant on the procedures to
seek authorization under an individual permit; (b) that the project is authorized under the NWP
subject to the applicant's submission of a mitigation plan that would reduce the adverse effects
on the aquatic environment to the minimal level; or (c) that the project is authorized under the
NWP with specific modifications or conditions. Where the district engineer determines that
mitigation is required to ensure no more than minimal adverse effects occur to the aquatic
environment, the activity will be authorized within the 45 -day PCN period, with activity -specific
13

conditions that state the mitigation requirements. The authorization will include the necessary
conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that
would reduce the adverse effects on the aquatic environment to the minimal level. When
mitigation is required, no work in waters of the United States may occur until the district
engineer has approved a specific mitigation plan or has determined that prior approval of a final
mitigation plan is not practicable or not necessary to ensure timely completion of the required
compensatory mitigation.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best management practices (BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration (re-establishment or rehabilitation),
establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic
resources for the purposes of offsetting unavoidable adverse impacts which remain after all
appropriate and practicable avoidance and minimization has been achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and
place.
Discharge: The term "discharge" means any discharge of dredged or fill material.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of
an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a
decline in other aquatic resource f inction(s). Enhancement does not result in a gain in aquatic
resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall
is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
High Tide Line: The line of intersection of the land with the water's surface at the
maximum height reached by a rising tide. The high tide line may be determined, in the absence
14

of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of
fine shell or debris on the foreshore or berm, other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that delineate the general height reached by
a rising tide. The line encompasses spring high tides and other high tides that occur with periodic
frequency but does not include storm surges in which there is a departure from the normal or
predicted reach of the tide due to the piling up of water against a coast by strong winds such as
those accompanying a hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological site),
building, structure, or other object included in, or eligible for inclusion in, the National Register
of Historic Places maintained by the Secretary of the Interior. This term includes artifacts,
records, and remains that are related to and located within such properties. The term includes
properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian
organization and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete non-linear
project in the Corps regulatory program. A project is considered to have independent utility if it
would be constructed absent the construction of other projects in the project area. Portions of a
multi-phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther
removed in distance, but are still reasonably foreseeable.
Intermittent stream: An intermittent stream has flowing water during certain times of the
year, when groundwater provides water for stream flow. During dry periods, intermittent streams
may not have flowing water. Runoff from rainfall is a supplemental source of water for stream
flow.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet
of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded,
excavated, or drained, but restored to pre-construction contours and elevations after construction,
are not included in the measurement of loss of waters of the United States. Impacts resulting
from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not
considered when calculating the loss of waters of the United States.
Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non-tidal
wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high
tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water mark can be determined. Aquatic vegetation within the area of standing or
15

flowing water is either non -emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas (see 33 CFR
328.3(e)).
Perennial stream: A perennial stream has flowing water year-round during a typical year.
The water table is located above the stream bed for most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre -construction notification: A request submitted by the project proponent to the Corps
for confirmation that a particular activity is authorized by nationwide permit. The request may be
a permit application, letter, or similar document that includes information about the proposed
work and its anticipated environmental effects. Pre -construction notification may be required by
the terms and conditions of a nationwide permit, or by regional conditions. A pre -construction
notification may be voluntarily submitted in cases where pre -construction notification is not
required and the project proponent wants confirmation that the activity is authorized by
nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources
by an action in or near those aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic resources through the implementation
of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of repairing natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in
aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/historic functions to a former or degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections
of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface,
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
Pools.
Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine -marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
16

which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine
waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a
variety of ecological functions and services and help improve or maintain local water quality.
(See general condition 23.)
Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual
shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist
of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish
habitat.
Single and complete linear project: A linear project is a project constructed for the
purpose of getting people, goods, or services from a point of origin to a terminal point, which
often involves multiple crossings of one or more waterbodies at separate and distant locations.
The term "single and complete project" is defined as that portion of the total linear project
proposed or accomplished by one owner/developer or partnership or other association of
owners/developers that includes all crossings of a single water of the United States (i.e., a single
waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies
several times at separate and distant locations, each crossing is considered a single and complete
project for purposes of NWP authorization. However, individual channels in a braided stream or
river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate
waterbodies, and crossings of such features cannot be considered separately.
Single and complete non-linear project: For non-linear projects, the term "single and
complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by
one owner/developer or partnership or other association of owners/developers. A single and
complete non-linear project must have independent utility (see definition of "independent
utility"). Single and complete non-linear projects may not be "piecemealed" to avoid the limits
in an NWP authorization.
Stormwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality degradation,
and flooding and mitigating the adverse effects of changes in land use on the aquatic
environment.
Stormwater management facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality
(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not
considered part of the stream bed.
Stream channelization: The manipulation of a stream's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A channelized
stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent
17

mooring structure, power transmission line, permanently moored floating vessel, piling, aid to
navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is
inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR
328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and
measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end
where the rise and fall of the water surface can no longer be practically measured in a predictable
rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located
channelward of the high tide line, which is defined at 33 CFR 328.3(d).
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems.
Waterbody:For purposes of the NWPs, a waterbody is a jurisdictional water of the
United States. If a jurisdictional wetland is adjacent — meaning bordering, contiguous, or
neighboring — to a waterbody determined to be a water of the United States under 33 CFR
328.3(a)(1)-(6), that waterbody and its adjacent wetlands are considered together as a single
aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes,
ponds, and wetlands.

Final Regional Conditions 2012
NOTICE ABOUT WEB LINKS IN THIS DOCUMENT.-
The web links (both internal to our District and any external links to collaborating agencies) in
this document are valid at the time of publication. However, the Wilmington District Regulatory
Program web page addresses, as with other agency web sites, may change over the timeframe of
the five year Nationwide Permit renewal cycle, in response to policy mandates or technology
advances. While we will make every effort to check on the integrity of our web links and provide
re -direct pages whenever possible, we ask that you report any broken links to us so we can keep
the page information current and usable. We apologize in advanced for any broken links that
you may encounter, and we ask that you navigate from the regulatory home page (wetlands and
stream permits) of the Wilmington District Corps of Engineers, to the "Permits " section of our
web site to find links for pages that cannot be found by clicking directly on the listed web link in
this document.
Final 2012 Regional Conditions for Nationwide Permits (NWP) in the
Wilmington District
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1 Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval from NCDMF or NCWRC and the Corps.
1.2 Trout Waters Moratorium
Waters of the United States in the twenty-five designated trout counties of North Carolina are
excluded during the period between October 15 and April 15 without prior written approval from
the NCWRC. (See Section 2.7 for a list of the twenty-five trout counties).
1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service
(NMFS)
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the NMFS.
19

2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWP's. These waters are:
2.1 Western NC Counties that Drain to Designated Critical Habitat
For proposed activities within Waters of the U.S. that require a Pre -Construction Notification
pursuant to General Condition 31 (PCN) and are located in the sixteen counties listed below,
applicants must provide a copy of the PCN to the US Fish and Wildlife Service, 160 Zillicoa
Street, Asheville, North Carolina 28801. This PCN must be sent concurrently to the US Fish and
Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition
18 for specific notification requirements related to Federally Endangered Species and the
following website for information on the location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endangered Species Act Information:
The Wilmington District has developed the following website for applicants which provides
guidelines on how to review linked websites and maps in order to fulfill NWP general condition
18 requirements: http://www.saw.usace.army.mil/wetlands/ESA
Applicants who do not have internet access may contact the appropriate US Fish and Wildlife
Service offices listed below or the US Army Corps of Engineers at (910) 251- 4633:
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Asheville US Fish and Wildlife Service Office counties: All
counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Raleigh US Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
20

2.2 Special Designation Waters
Prior to the use of any NWP in any of the following identified waters and contiguous wetlands in
North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN).
The North Carolina waters and contiguous wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the
North Carolina Environmental Management Commission; "Inland Primary Nursery Areas"
(IPNA) as designated by the NCWRC; "Contiguous Wetlands" as defined by the North Carolina
Environmental Management Commission; or "Primary Nursery Areas" (PNA) as designated by
the North Carolina Marine Fisheries Commission.
2.3 Coastal Area Management Act (LAMA) Areas of Environmental Concern
Non-federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area
Management Act (CAMA) must also obtain the required CAMA permit. Development activities
for non-federal projects may not commence until a copy of the approved CAMA permit is
furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field
Office — 69 Darlington Avenue, Wilmington, NC 28403 or Washington Field Office — 2407
West 5th Street, Washington, NC 27889).
2.4 Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with
Nationwide Permit General Condition 31 (PCN).
2.5 Mountain or Piedmont Bogs
Prior to the use of any NWP in a Bog classified by the North Carolina Wetland Assessment
Methodology (NCWAM), applicants shall comply with Nationwide Permit General Condition 31
(PCN). The latest version of NCWAM is located on the NC DWQ web site at:
http://portal.ncdenr.org/web/wq/swp/ws/pdu/ncwam .
2.6 Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, including
wetlands, applicants shall comply with Nationwide Permit General Condition 31 (PCN).
2.7 Trout Waters
Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty-
five (25) designated trout counties of North Carolina, the applicant shall comply with
Nationwide Permit General Condition 31 (PCN). The applicant shall also provide a copy of the
notification to the appropriate NCWRC office to facilitate the determination of any potential
21

impacts to designated Trout Waters. Notification to the Corps of Engineers will include a
statement with the name of the NCWRC biologist contacted, the date of the notification, the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
mountain trout waters, why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Counties
Western Piedmont Region
Coordinator
Alleghany
Caldwell
Watauga
20830 Great Smoky Mtn.
Expressway
Ashe
Mitchell
Wilkes
Waynesville, NC 28786
Avery
Stokes
Swain
Telephone: [phone]
Burke
Surry
Transylvania
Mountain Region Coordinator
Buncombe
Henderson
Polk
20830 Great Smoky Mtn.
Expressway
Cherokee
Jackson
Rutherford
Waynesville, NC 28786
Clay
Macon
Swain
Telephone: [phone]
Graham
Madison
Transylvania
Fax: [phone]
Haywood
McDowell
Yancey
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1 Limitation of Loss of Perennial Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of greater than
300 total linear feet of perennial, intermittent or ephemeral stream, unless the District
Commander has waived the 300 linear foot limit for ephemeral and intermittent streams on a
case-by-case basis and he determines that the proposed activity will result in minimal individual
and cumulative adverse impacts to the aquatic environment. Loss of stream includes the linear
feet of stream bed that is filled, excavated, or flooded by the proposed activity. Waivers for the
loss of ephemeral and intermittent streams must be in writing and documented by
appropriate/accepted stream quality assessments*. This waiver only applies to the 300 linear feet
threshold for NWPs.
*NOTE: Applicants should utilize the most current methodology prescribed by Wilmington
District to assess stream function and quality. Information can be found at:
http://www.saw.usace.g,M.mil/wetlands/permits/nwp/nwp20l2 (see "Quick Links")
22

3.2 Mitigation for Loss of Stream Bed
For any NWP that results in a loss of more than 150 linear feet of perennial and/or
ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate
for more than minimal individual and cumulative adverse impacts to the aquatic environment.
For stream losses less than 150 linear feet, that require a PCN, the District Commander may
determine, on a case-by-case basis that compensatory mitigation is required to ensure that the
activity results in minimal adverse effect on the aquatic environment.
3.3 Pre -construction Notification for Loss of Streambed Exceeding 150 Feet.
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide
Permit General Condition 31 (PCN). This applies to NWPs that do not have specific notification
requirements. If a NWP has specific notification requirements, the requirements of the NWP
should be followed.
3.4 Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, live or fresh concrete,
including bags of uncured concrete, may not come into contact with the water in or entering into
waters of the US. Water inside coffer dams or casings that has been in contact with wet concrete
shall only be returned to waters of the US when it is no longer poses a threat to aquatic
organisms.
3.5 Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters.
3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.
23

3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing.
The waiver will only be issued if it can be demonstrated that the impacts of complying with this
Regional condition would result in greater adverse impacts to the aquatic environment.
3.6 Safe Passage Requirements for Culvert Placement
For all NWPs that involve the construction/installation of culverts, measures will be included in
the construction/installation that will promote the safe passage of fish and other aquatic
organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert
should not be modified by widening the stream channel or by reducing the depth of the stream in
connection with the construction activity. The width, height, and gradient of a proposed culvert
should be such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be determined from gage data, if available. In the
absence of such data, bankfull flow can be used as a comparable level.
In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area
Management Act (CAMA): All pipes/culverts must be sufficiently sized to allow for the burial of
the bottom of the pipe/culvert at least one foot below normal bed elevation when they are placed
within the Public Trust Area of Environmental Concern (AEC) and/or the Estuarine Waters AEC
as designated by CAMA, and/or all streams appearing as blue lines on United States Geological
Survey (USGS) 7.5 -minute quadrangle maps.
It lar
culvert
12 Inches `
I
Invert
Rise
(Darneter)
In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on
the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall
be made to maintain the existing channel slope. The bottom of the culvert must be placed at a
24

depth below the natural stream bottom to provide for passage during drought or low flow
conditions.
Culverts are to be designed and constructed in a manner that minimizes destabilization and head
cutting. Destabilizing the channel and head cutting upstream should be considered and
appropriate actions incorporated in the design and placement of the culvert.
A waiver from the depth specifications in this condition may be requested in writing. The waiver
will be issued if it can be demonstrated that the proposal would result in the least impacts to the
aquatic environment.
All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a
manner that does not restrict the flow and circulation patterns of waters of the United States.
Culverts placed across wetland fills purely for the purposes of equalizing surface water do not
have to be buried.
3.7 Notification to NCDENR Shellfish Sanitation Section
Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination from the disposal area
and cause a temporary shellfish closure to be made. Such notification shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean
beach should occur between November 1 and April 30 when recreational usage is low. Only
clean sand should be used and no dredged sand from closed shell fishing areas may be used. If
beach disposal were to occur at times other than stated above or if sand from a closed shell
fishing area is to be used, a swimming advisory shall be posted, and a press release shall be
issued by the permittee.
3.8 Preservation of Submerged Aquatic Vegetation
Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWT
within any of the twenty coastal counties defined by North Carolina's Coastal Area Management
Act of 1974 (CAMA).
3.9 Sedimentation and Erosion Control Structures and Measures
3.9.1. All PCNs will identify and describe sedimentation and erosion control structures and
measures proposed for placement in waters of the US. The structures and measures should be
depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands
and streams.
25

4.0 Additional Regional Conditions for Specific Nationwide Permits
4.1 NWP # 13 — Bank Stabilization
4.1.1. Unanchored trees, treetops, or debris may not be used as stream bank stabilization
material.
4.1.2. Properly anchored and cabled structural stabilization techniques, such as timber crib
structures, revetments, and root wads, are acceptable materials to stabilize stream banks.
4.1.3. If riprap stabilization is needed, it should be placed only on the stream banks, or, if it is
necessary to be placed in the stream bed, the finished top elevation of the riprap should not
exceed that of the original stream bed.
26

NATIONWIDE PERMIT 40
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2012
Agricultural Activities. Discharges of dredged or fill material into non -tidal waters of
the United States for agricultural activities, including the construction of building pads for farm
buildings. Authorized activities include the installation, placement, or construction of drainage
tiles, ditches, or levees; mechanized land clearing; land leveling; the relocation of existing
serviceable drainage ditches constructed in waters of the United States; and similar activities.
This NWP also authorizes the construction of farm ponds in non -tidal waters of the
United States, excluding perennial streams, provided the farm pond is used solely for agricultural
purposes. This NWP does not authorize the construction of aquaculture ponds.
This NWP also authorizes discharges of dredged or fill material into non -tidal waters of
the United States to relocate existing serviceable drainage ditches constructed in non -tidal
streams.
The discharge must not cause the loss of greater than 1/2 -acre of non -tidal waters of the
United States, including the loss of no more than 300 linear feet of stream bed, unless for
intermittent and ephemeral stream beds the district engineer waives the 300 linear foot limit by
making a written determination concluding that the discharge will result in minimal adverse
effects. This NWP does not authorize discharges into non -tidal wetlands adjacent to tidal waters.
Notification: The permittee must submit a pre -construction notification to the district
engineer prior to commencing the activity. (See general condition 31.) (Section 404)
Note: Some discharges for agricultural activities may qualify for an exemption under
Section 404(f) of the Clean Water Act (see 33 CFR 323.4). This NWP authorizes the
construction of farm ponds that do not qualify for the Clean Water Act Section 404(f)(1)(C)
exemption because of the recapture provision at Section 404(f)(2).

NATIONWIDE PERMIT CONDITIONS
The following General Conditions must be followed in order for any authorization by a N W P to
he valid -
1. Navigation. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations
or otherwise, must be installed and maintained at the permittee's expense on authorized facilities
in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound
water. All permanent and temporary crossings of waterbodies shall be suitably culverted,
bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of
those aquatic species.
3. dawning Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
through excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48, or is a shellfish seeding or habitat restoration activity authorized by NWT 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization.
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8. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting
its flow must be minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre -construction
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization and storm water management activities, except as provided
below. The activity must be constructed to withstand expected high flows. The activity must not
restrict or impede the passage of normal or high flows, unless the primary purpose of the activity
is to impound water or manage high flows. The activity may alter the pre -construction course,
condition, capacity, and location of open waters if it benefits the aquatic environment (e.g.,
stream restoration or relocation activities).
10. Fills Within 100 -Year Floodplains. The activity must comply with applicable FEMA -
approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on
mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low -flow or no -flow.
13. Removal of TemporM Fills. Temporary fills must be removed in their entirety and
the affected areas returned to pre -construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety and compliance with applicable NWP general
conditions, as well as any activity -specific conditions added by the district engineer to an NWP
authorization.
15. Single and Complete Project. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
16. Wild and Scenic Rivers. No activity may occur in a component of the National Wild
and Scenic River System, or in a river officially designated by Congress as a "study river" for
possible inclusion in the system while the river is in an official study status, unless the
appropriate Federal agency with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation or study status. Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land management agency responsible for the designated Wild and Scenic
River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land
Management, U.S. Fish and Wildlife Service).

17. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
18. Endangered Species. (a) No activity is authorized under any NWP which is likely to
directly or indirectly jeopardize the continued existence of a threatened or endangered species or
a species proposed for such designation, as identified under the Federal Endangered Species Act
(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such
species. No activity is authorized under any NWP which "may affect" a listed species or critical
habitat, unless Section 7 consultation addressing the effects of the proposed activity has been
completed.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements. The district
engineer will review the documentation and determine whether it is sufficient to address ESA
compliance for the NWP activity, or whether additional ESA consultation is necessary.
(c) Non-federal permittees must submit a pre -construction notification to the district
engineer if any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, and shall not begin work
on the activity until notified by the district engineer that the requirements of the ESA have been
satisfied and that the activity is authorized. For activities that might affect Federally -listed
endangered or threatened species or designated critical habitat, the pre -construction notification
must include the name(s) of the endangered or threatened species that might be affected by the
proposed work or that utilize the designated critical habitat that might be affected by the
proposed work. The district engineer will determine whether the proposed activity "may affect"
or will have "no effect" to listed species and designated critical habitat and will notify the non -
Federal applicant of the Corps' determination within 45 days of receipt of a complete pre -
construction notification. In cases where the non -Federal applicant has identified listed species or
critical habitat that might be affected or is in the vicinity of the project, and has so notified the
Corps, the applicant shall not begin work until the Corps has provided notification the proposed
activities will have "no effect" on listed species or critical habitat, or until Section 7 consultation
has been completed. If the non -Federal applicant has not heard back from the Corps within 45
days, the applicant must still wait for notification from the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the district
engineer may add species-specific regional endangered species conditions to the NWPs.
(e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
U.S. FWS or the NMFS, The Endangered Species Act prohibits any person subject to the
jurisdiction of the United States to take a listed species, where "take" means to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such
conduct. The word "harm" in the definition of "take" means an act which actually kills or injures
wildlife. Such an act may include significant habitat modification or degradation where it
actually kills or injures wildlife by significantly impairing essential behavioral patterns,
including breeding, feeding or sheltering.
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(f) Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide
web pages at http://www.fvvs.gov/ or http://www.fws.gov/ipac and
http://www.noaa.gov/fisheries.html respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for
obtaining any "take" permits required under the U.S. Fish and Wildlife Service's regulations
governing compliance with the Migratory Bird Treaty Act or the Bald and Golden Eagle
Protection Act. The permittee should contact the appropriate local office of the U.S. Fish and
Wildlife Service to determine if such "take" permits are required for a particular activity.
20. Historic Properties. (a) In cases where the district engineer determines that the
activity may affect properties listed, or eligible for listing, in the National Register of Historic
Places, the activity is not authorized, until the requirements of Section 106 of the National
Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of Section 106 of the National Historic Preservation Act. Federal permittees must
provide the district engineer with the appropriate documentation to demonstrate compliance with
those requirements. The district engineer will review the documentation and determine whether
it is sufficient to address section 106 compliance for the NWP activity, or whether additional
section 106 consultation is necessary.
(c) Non-federal permittees must submit a pre -construction notification to the district
engineer if the authorized activity may have the potential to cause effects to any historic
properties listed on, determined to be eligible for listing on, or potentially eligible for listing on
the National Register of Historic Places, including previously unidentified properties. For such
activities, the pre -construction notification must state which historic properties may be affected
by the proposed work or include a vicinity map indicating the location of the historic properties
or the potential for the presence of historic properties. Assistance regarding information on the
location of or potential for the presence of historic resources can be sought from the State
Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the
National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction
notifications, district engineers will comply with the current procedures for addressing the
requirements of Section 106 of the National Historic Preservation Act. The district engineer shall
make a reasonable and good faith effort to carry out appropriate identification efforts, which may
include background research, consultation, oral history interviews, sample field investigation,
and field survey. Based on the information submitted and these efforts, the district engineer shall
determine whether the proposed activity has the potential to cause an effect on the historic
properties. Where the non -Federal applicant has identified historic properties on which the
activity may have the potential to cause effects and so notified the Corps, the non -Federal
applicant shall not begin the activity until notified by the district engineer either that the activity
has no potential to cause effects or that consultation under Section 106 of the NHPA has been
completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt
of a complete pre -construction notification whether NHPA Section 106 consultation is required.
Section 106 consultation is not required when the Corps determines that the activity does not
have the potential to cause effects on historic properties (see 36 CFR §800.3(a)). If NHPA
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section 106 consultation is required and will occur, the district engineer will notify the non -
Federal applicant that he or she cannot begin work until Section 106 consultation is completed. If
the non -Federal applicant has not heard back from the Corps within 45 days, the applicant must
still wait for notification from the Corps.
(e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C.
470h -2(k)) prevents the Corps from granting a permit or other assistance to an applicant who,
with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on Historic Preservation (ACNP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACHP and
provide documentation specifying the circumstances, the degree of damage to the integrity of
any historic properties affected, and proposed mitigation. This documentation must include any
views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking
occurs on or affects historic properties on tribal lands or affects properties of interest to those
tribes, and other parties known to have a legitimate interest in the impacts to the permitted
activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover any
previously unknown historic, cultural or archeological remains and artifacts while accomplishing
the activity authorized by this permit, you must immediately notify the district engineer of what
you have found, and to the maximum extent practicable, avoid construction activities that may
affect the remains and artifacts until the required coordination has been completed. The district
engineer will initiate the Federal, Tribal and state coordination required to determine if the items
or remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-
managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves.
The district engineer may designate, after notice and opportunity for public comment, additional
waters officially designated by a state as having particular environmental or ecological
significance, such as outstanding national resource waters or state natural heritage sites. The
district engineer may also designate additional critical resource waters after notice and
opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for
any activity within, or directly affecting, critical resource waters, including wetlands adjacent to
such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with general condition 31, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.
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23. Mitigation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that adverse effects on
the aquatic environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent, to waters of the United States to the maximum extent practicable
at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating for resource losses) will be required to the extent necessary to ensure that the
adverse effects to the aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland losses that exceed 1/10 -acre and require pre -construction notification, unless the district
engineer determines in writing that either some other form of mitigation would be more
environmentally appropriate or the adverse effects of the proposed activity are minimal, and
provides a project -specific waiver of this requirement. For wetland losses of 1/10 -acre or less
that require pre -construction notification, the district engineer may determine on a case-by-case
basis that compensatory mitigation is required to ensure that the activity results in minimal
adverse effects on the aquatic environment. Compensatory mitigation projects provided to offset
losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate compensatory
mitigation option if compensatory mitigation is necessary to ensure that the activity results in
minimal adverse effects on the aquatic environment.
(2) Since the likelihood of success is greater and the impacts to potentially valuable
uplands are reduced, wetland restoration should be the first compensatory mitigation option
considered.
(3) If permittee -responsible mitigation is the proposed option, the prospective permittee is
responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be
used by the district engineer to make the decision on the NWP verification request, but a final
mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) — (14) must be
approved by the district engineer before the permittee begins work in waters of the United States,
unless the district engineer determines that prior approval of the final mitigation plan is not
practicable or not necessary to ensure timely completion of the required compensatory mitigation
(see 33 CFR 332.3(k)(3)).
(4) If mitigation bank or in -lieu fee program credits are the proposed option, the
mitigation plan only needs to address the baseline conditions at the impact site and the number of
credits to be provided.
(5) Compensatory mitigation requirements (e.g., resource type and amount to be provided
as compensatory mitigation, site protection, ecological performance standards, monitoring
requirements) may be addressed through conditions added to the NWP authorization, instead of
components of a compensatory mitigation plan.
(d) For losses of streams or other open waters that require pre -construction notification,
the district engineer may require compensatory mitigation, such as stream rehabilitation,
enhancement, or preservation, to ensure that the activity results in minimal adverse effects on the
aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by
the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 -acre, it
cannot be used to authorize any project resulting in the loss of greater than 1/2 -acre of waters of
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the United States, even if compensatory mitigation is provided that replaces or restores some of
the lost waters. However, compensatory mitigation can and should be used, as necessary, to
ensure that a project already meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs.
(f) Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the restoration or establishment, maintenance, and legal
protection (e.g., conservation easements) of riparian areas next to open waters. In some cases,
riparian areas may be the only compensatory mitigation required. Riparian areas should consist
of native species. The width of the required riparian area will address documented water quality
or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each
side of the stream, but the district engineer may require slightly wider riparian areas to address
documented water quality or habitat loss concerns. If it is not possible to establish a riparian area
on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or
establishing a riparian area along a single bank or shoreline may be sufficient. Where both
wetlands and open waters exist on the project site, the district engineer will determine the
appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based
on what is best for the aquatic environment on a watershed basis. In cases where riparian areas
are determined to be the most appropriate form of compensatory mitigation, the district engineer
may waive or reduce the requirement to provide wetland compensatory mitigation for wetland
losses.
(g) Permittees may propose the use of mitigation banks, in -lieu fee programs, or separate
permittee -responsible mitigation. For activities resulting in the loss of marine or estuarine
resources, permittee -responsible compensatory mitigation may be environmentally preferable if
there are no mitigation banks or in -lieu fee programs in the area that have marine or estuarine
credits available for sale or transfer to the permittee. For permittee -responsible mitigation, the
special conditions of the NWP verification must clearly indicate the party or parties responsible
for the implementation and performance of the compensatory mitigation project, and, if required,
its long-term management.
(h) Where certain functions and services of waters of the United States are permanently
adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous
wetland in a permanently maintained utility line right-of-way, mitigation may be required to
reduce the adverse effects of the project to the minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures are
safely designed, the district engineer may require non -Federal applicants to demonstrate that the
structures comply with established state dam safety criteria or have been designed by qualified
persons. The district engineer may also require documentation that the design has been
independently reviewed by similarly qualified persons, and appropriate modifications made to
ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individual 401 Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or
State or Tribe may require additional water quality management measures to ensure that the
authorized activity does not result in more than minimal degradation of water quality.

26. Coastal Zone Management. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
27. Regional and Case -By -Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its
section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,
with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United States for the total project cannot exceed 1/3 -acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district office
to validate the transfer. A copy of the nationwide permit verification must be attached to the
letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at
the time the property is transferred, the terms and conditions of this nationwide permit, including
any special conditions, will continue to be binding on the new owner(s) of the property. To
validate the transfer of this nationwide permit and the associated liabilities associated with
compliance with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification letter
from the Corps must provide a signed certification documenting completion of the authorized
activity and any required compensatory mitigation. The success of any required permittee -
responsible mitigation, including the achievement of ecological performance standards, will be
addressed separately by the district engineer. The Corps will provide the permittee the
certification document with the NWP verification letter. The certification document will
include:
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(a) A statement that the authorized work was done in accordance with the NWP
authorization, including any general, regional, or activity -specific conditions;
(b) A statement that the implementation of any required compensatory mitigation was
completed in accordance with the permit conditions. If credits from a mitigation bank or in -lieu
fee program are used to satisfy the compensatory mitigation requirements, the certification must
include the documentation required by 33 CFR 332.3(1)(3) to confirm that the permittee secured
the appropriate number and resource type of credits; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
31. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP,
the prospective permittee must notify the district engineer by submitting a pre -construction
notification (PCN) as early as possible. The district engineer must determine if the PCN is
complete within 30 calendar days of the date of receipt and, if the PCN is determined to be
incomplete, notify the prospective permittee within that 30 day period to request the additional
information necessary to make the PCN complete. The request must specify the information
needed to make the PCN complete. As a general rule, district engineers will request additional
information necessary to make the PCN complete only once. However, if the prospective
permittee does not provide all of the requested information, then the district engineer will notify
the prospective permittee that the PCN is still incomplete and the PCN review process will not
commence until all of the requested information has been received by the district engineer. The
prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2) 45 calendar days have passed from the district engineer's receipt of the complete PCN
and the prospective permittee has not received written notice from the district or division
engineer. However, if the permittee was required to notify the Corps pursuant to general
condition 18 that listed species or critical habitat might be affected or in the vicinity of the
project, or to notify the Corps pursuant to general condition 20 that the activity may have the
potential to cause effects to historic properties, the permittee cannot begin the activity until
receiving written notification from the Corps that there is "no effect" on listed species or "no
potential to cause effects" on historic properties, or that any consultation required under Section
7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National
Historic Preservation (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under
NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the
proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee
may not begin the activity until the district engineer issues the waiver. If the district or division
engineer notifies the permittee in writing that an individual permit is required within 45 calendar
days of receipt of a complete PCN, the permittee cannot begin the activity until an individual
permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be
modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR
330.5(d)(2).
(b) Contents of Pre -Construction Notification: The PCN must be in writing and include
the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
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(3) A description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause, including the anticipated amount of loss
of water of the United States expected to result from the NWP activity, in acres, linear feet, or
other appropriate unit of measure; any other NWP(s), regional general permit(s), or individual
permit(s) used or intended to be used to authorize any part of the proposed project or any related
activity. The description should be sufficiently detailed to allow the district engineer to
determine that the adverse effects of the project will be minimal and to determine the need for
compensatory mitigation. Sketches should be provided when necessary to show that the activity
complies with the terms of the NWP. (Sketches usually clarify the project and when provided
results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative
description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed
engineering plans);
(4) The PCN must include a delineation of wetlands, other special aquatic sites, and other
waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the
project site. Wetland delineations must be prepared in accordance with the current method
required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and
other waters on the project site, but there may be a delay if the Corps does the delineation,
especially if the project site is large or contains many waters of the United States. Furthermore,
the 45 day period will not start until the delineation has been submitted to or completed by the
Corps, as appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10 -acre of wetlands and
a PCN is required, the prospective permittee must submit a statement describing how the
mitigation requirement will be satisfied, or explaining why the adverse effects are minimal and
why compensatory mitigation should not be required. As an alternative, the prospective
permittee may submit a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, for non -Federal applicants
the PCN must include the name(s) of those endangered or threatened species that might be
affected by the proposed work or utilize the designated critical habitat that may be affected by
the proposed work. Federal applicants must provide documentation demonstrating compliance
with the Endangered Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be eligible
for listing on, or potentially eligible for listing on, the National Register of Historic Places, for
non -Federal applicants the PCN must state which historic property may be affected by the
proposed work or include a vicinity map indicating the location of the historic property. Federal
applicants must provide documentation demonstrating compliance with Section 106 of the
National Historic Preservation Act.
(c) Form of Pre -Construction Notification: The standard individual permit application
form (Form ENG 4345) may be used, but the completed application form must clearly indicate
that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7)
of this general condition. A letter containing the required information may also be used.
(d) Agency Coordination: (1) The district engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal level.
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(2) For all NWP activities that require pre -construction notification and result in the loss
of greater than 1/2 -acre of waters of the United States, for NWP 21, 29, 39, 40, 42, 43, 44, 50,
51, and 52 activities that require pre -construction notification and will result in the loss of greater
than 300 linear feet of intermittent and ephemeral stream bed, and for all NWP 48 activities that
require pre -construction notification, the district engineer will immediately provide (e.g., via e-
mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the
complete PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or
water quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic
Preservation Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37,
these agencies will have 10 calendar days from the date the material is transmitted to telephone
or fax the district engineer notice that they intend to provide substantive, site-specific comments.
The comments must explain why the agency believes the adverse effects will be more than
minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar
days before making a decision on the pre -construction notification. The district engineer will
fully consider agency comments received within the specified time frame concerning the
proposed activity's compliance with the terms and conditions of the NWPs, including the need
for mitigation to ensure the net adverse environmental effects to the aquatic environment of the
proposed activity are minimal. The district engineer will provide no response to the resource
agency, except as provided below. The district engineer will indicate in the administrative record
associated with each pre -construction notification that the resource agencies' concerns were
considered. For NWP 37, the emergency watershed protection and rehabilitation activity may
proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of
property or economic hardship will occur. The district engineer will consider any comments
received to decide whether the NWP 37 authorization should be modified, suspended, or revoked
in accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the
Magnuson -Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps with either electronic files or multiple
copies of pre -construction notifications to expedite agency coordination.
D. District Engineer's Decision
1. In reviewing the PCN for the proposed activity, the district engineer will determine
whether the activity authorized by the NWP will result in more than minimal individual or
cumulative adverse environmental effects or may be contrary to the public interest. For a linear
project, this determination will include an evaluation of the individual crossings to determine
whether they individually satisfy the terms and conditions of the NWP(s), as well as the
cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a
waiver of the 300 linear foot limit on impacts to intermittent or ephemeral streams or of an
otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51 or
52, the district engineer will only grant the waiver upon a written determination that the NWP
activity will result in minimal adverse effects. When making minimal effects determinations the
district engineer will consider the direct and indirect effects caused by the NWP activity. The
district engineer will also consider site specific factors, such as the environmental setting in the
12

vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the
functions provided by the aquatic resources that will be affected by the NWP activity, the degree
or magnitude to which the aquatic resources perform those functions, the extent that aquatic
resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the
duration of the adverse effects (temporary or permanent), the importance of the aquatic resource
functions to the region (e.g., watershed or ecoregion), and mitigation required by the district
engineer. If an appropriate functional assessment method is available and practicable to use, that
assessment method may be used by the district engineer to assist in the minimal adverse effects
determination. The district engineer may add case -specific special conditions to the NWP
authorization to address site-specific environmental concerns.
2. If the proposed activity requires a PCN and will result in a loss of greater than 1/10 -
acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN.
Applicants may also propose compensatory mitigation for projects with smaller impacts. The
district engineer will consider any proposed compensatory mitigation the applicant has included
in the proposal in determining whether the net adverse environmental effects to the aquatic
environment of the proposed activity are minimal. The compensatory mitigation proposal may be
either conceptual or detailed. If the district engineer determines that the activity complies with
the terms and conditions of the NWP and that the adverse effects on the aquatic environment are
minimal, after considering mitigation, the district engineer will notify the permittee and include
any activity -specific conditions in the NWP verification the district engineer deems necessary.
Conditions for compensatory mitigation requirements must comply with the appropriate
provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan
before the permittee commences work in waters of the United States, unless the district engineer
determines that prior approval of the final mitigation plan is not practicable or not necessary to
ensure timely completion of the required compensatory mitigation. If the prospective permittee
elects to submit a compensatory mitigation plan with the PCN, the district engineer will
expeditiously review the proposed compensatory mitigation plan. The district engineer must
review the proposed compensatory mitigation plan within 45 calendar days of receiving a
complete PCN and determine whether the proposed mitigation would ensure no more than
minimal adverse effects on the aquatic environment. If the net adverse effects of the project on
the aquatic environment (after consideration of the compensatory mitigation proposal) are
determined by the district engineer to be minimal, the district engineer will provide a timely
written response to the applicant. The response will state that the project can proceed under the
terms and conditions of the NWP, including any activity -specific conditions added to the NWP
authorization by the district engineer.
3. If the district engineer determines that the adverse effects of the proposed work are
more than minimal, then the district engineer will notify the applicant either: (a) That the project
does not qualify for authorization under the NWP and instruct the applicant on the procedures to
seek authorization under an individual permit; (b) that the project is authorized under the NWP
subject to the applicant's submission of a mitigation plan that would reduce the adverse effects
on the aquatic environment to the minimal level; or (c) that the project is authorized under the
NWP with specific modifications or conditions. Where the district engineer determines that
mitigation is required to ensure no more than minimal adverse effects occur to the aquatic
environment, the activity will be authorized within the 45 -day PCN period, with activity -specific
13

conditions that state the mitigation requirements. The authorization will include the necessary
conceptual or detailed mitigation or a requirement that the applicant submit a mitigation plan that
would reduce the adverse effects on the aquatic environment to the minimal level. When
mitigation is required, no work in waters of the United States may occur until the district
engineer has approved a specific mitigation plan or has determined that prior approval of a final
mitigation plan is not practicable or not necessary to ensure timely completion of the required
compensatory mitigation.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best management practices (BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration (re-establishment or rehabilitation),
establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic
resources for the purposes of offsetting unavoidable adverse impacts which remain after all
appropriate and practicable avoidance and minimization has been achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
Direct effects: Effects that are caused by the activity and occur at the same time and
place.
Discharge: The term "discharge" means any discharge of dredged or fill material.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of
an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a
decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic
resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall
is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
High Tide Line: The line of intersection of the land with the water's surface at the
maximum height reached by a rising tide. The high tide line may be determined, in the absence
14

of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of
fine shell or debris on the foreshore or berm, other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that delineate the general height reached by
a rising tide. The line encompasses spring high tides and other high tides that occur with periodic
frequency but does not include storm surges in which there is a departure from the normal or
predicted reach of the tide due to the piling up of water against a coast by strong winds such as
those accompanying a hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological site),
building, structure, or other object included in, or eligible for inclusion in, the National Register
of Historic Places maintained by the Secretary of the Interior. This term includes artifacts,
records, and remains that are related to and located within such properties. The term includes
properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian
organization and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete non-linear
project in the Corps regulatory program. A project is considered to have independent utility if it
would be constructed absent the construction of other projects in the project area. Portions of a
multi-phase project that depend upon other phases of the project do not have independent utility.
Phases of a project that would be constructed even if the other phases were not built can be
considered as separate single and complete projects with independent utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther
removed in distance, but are still reasonably foreseeable.
Intermittent stream: An intermittent stream has flowing water during certain times of the
year, when groundwater provides water for stream flow. During dry periods, intermittent streams
may not have flowing water. Runoff from rainfall is a supplemental source of water for stream
flow.
Loss of waters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet
of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded,
excavated, or drained, but restored to pre-construction contours and elevations after construction,
are not included in the measurement of loss of waters of the United States. Impacts resulting
from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not
considered when calculating the loss of waters of the United States.
Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non-tidal
wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high
tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water mark can be determined. Aquatic vegetation within the area of standing or
15

flowing water is either non -emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas (see 33 CFR
328.3(e)).
Perennial stream: A perennial stream has flowing water year-round during a typical year.
The water table is located above the stream bed for most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre -construction notification: A request submitted by the project proponent to the Corps
for confirmation that a particular activity is authorized by nationwide permit. The request may be
a permit application, letter, or similar document that includes information about the proposed
work and its anticipated environmental effects. Pre -construction notification may be required by
the terms and conditions of a nationwide permit, or by regional conditions. A pre -construction
notification may be voluntarily submitted in cases where pre -construction notification is not
required and the project proponent wants confirmation that the activity is authorized by
nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources
by an action in or near those aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic resources through the implementation
of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of repairing natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in
aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/historic functions to a former or degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections
of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface,
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
Pools.
Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine -marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
16

which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine
waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas provide a
variety of ecological functions and services and help improve or maintain local water quality.
(See general condition 23.)
Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual
shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist
of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish
habitat.
Single and complete linear project: A linear project is a project constructed for the
purpose of getting people, goods, or services from a point of origin to a terminal point, which
often involves multiple crossings of one or more waterbodies at separate and distant locations.
The term "single and complete project" is defined as that portion of the total linear project
proposed or accomplished by one owner/developer or partnership or other association of
owners/developers that includes all crossings of a single water of the United States (i.e., a single
waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies
several times at separate and distant locations, each crossing is considered a single and complete
project for purposes of NWP authorization. However, individual channels in a braided stream or
river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate
waterbodies, and crossings of such features cannot be considered separately.
Single and complete non-linear project: For non-linear projects, the term "single and
complete project" is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by
one owner/developer or partnership or other association of owners/developers. A single and
complete non-linear project must have independent utility (see definition of "independent
utility"). Single and complete non-linear projects may not be "piecemealed" to avoid the limits
in an NWP authorization.
Stormwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality degradation,
and flooding and mitigating the adverse effects of changes in land use on the aquatic
environment.
Stormwater management facilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality
(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not
considered part of the stream bed.
Stream channelization: The manipulation of a stream's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A channelized
stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent
17

mooring structure, power transmission line, permanently moored floating vessel, piling, aid to
navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is
inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR
328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and
measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end
where the rise and fall of the water surface can no longer be practically measured in a predictable
rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located
channelward of the high tide line, which is defined at 33 CFR 328.3(d).
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems.
Waterbody:For purposes of the NWPs, a waterbody is a jurisdictional water of the
United States. If a jurisdictional wetland is adjacent — meaning bordering, contiguous, or
neighboring — to a waterbody determined to be a water of the United States under 33 CFR
328.3(a)(1)-(6), that waterbody and its adjacent wetlands are considered together as a single
aquatic unit (see 33 CFR 328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes,
ponds, and wetlands.

Final Regional Conditions 2012
NOTICE ABOUT WEB LINKS IN THIS DOCUMENT.-
The web links (both internal to our District and any external links to collaborating agencies) in
this document are valid at the time of publication. However, the Wilmington District Regulatory
Program web page addresses, as with other agency web sites, may change over the timeframe of
the five year Nationwide Permit renewal cycle, in response to policy mandates or technology
advances. While we will make every effort to check on the integrity of our web links and provide
re -direct pages whenever possible, we ask that you report any broken links to us so we can keep
the page information current and usable. We apologize in advanced for any broken links that
you may encounter, and we ask that you navigate from the regulatory home page (wetlands and
stream permits) of the Wilmington District Corps of Engineers, to the "Permits " section of our
web site to find links for pages that cannot be found by clicking directly on the listed web link in
this document.
Final 2012 Regional Conditions for Nationwide Permits (NWP) in the
Wilmington District
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1 Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval from NCDMF or NCWRC and the Corps.
1.2 Trout Waters Moratorium
Waters of the United States in the twenty-five designated trout counties of North Carolina are
excluded during the period between October 15 and April 15 without prior written approval from
the NCWRC. (See Section 2.7 for a list of the twenty-five trout counties).
1.3 Sturgeon Spawning Areas as Designated by the National Marine Fisheries Service
(NMFS)
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the NMFS.
19

2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWT's. These waters are:
2.1 Western NC Counties that Drain to Designated Critical Habitat
For proposed activities within Waters of the U.S. that require a Pre -Construction Notification
pursuant to General Condition 31 (PCN) and are located in the sixteen counties listed below,
applicants must provide a copy of the PCN to the US Fish and Wildlife Service, 160 Zillicoa
Street, Asheville, North Carolina 28801. This PCN must be sent concurrently to the US Fish and
Wildlife Service and the Corps Asheville Regulatory Field Office. Please see General Condition
18 for specific notification requirements related to Federally Endangered Species and the
following website for information on the location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endangered Species Act Information:
The Wilmington District has developed the following website for applicants which provides
guidelines on how to review linked websites and maps in order to fulfill NWP general condition
18 requirements: http://www.saw.usace.army.mil/wetlands/ESA
Applicants who do not have internet access may contact the appropriate US Fish and Wildlife
Service offices listed below or the US Army Corps of Engineers at (910) 251- 4633:
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Asheville US Fish and Wildlife Service Office counties: All
counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Raleigh US Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
20

2.2 Special Designation Waters
Prior to the use of any NWP in any of the following identified waters and contiguous wetlands in
North Carolina, applicants must comply with Nationwide Permit General Condition 31 (PCN).
The North Carolina waters and contiguous wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the
North Carolina Environmental Management Commission; "Inland Primary Nursery Areas"
(IPNA) as designated by the NCWRC; "Contiguous Wetlands" as defined by the North Carolina
Environmental Management Commission; or "Primary Nursery Areas" (PNA) as designated by
the North Carolina Marine Fisheries Commission.
2.3 Coastal Area Management Act (LAMA) Areas of Environmental Concern
Non-federal applicants for any NWP in a designated "Area of Environmental Concern" (AEC) in
the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal Area
Management Act (CAMA) must also obtain the required CAMA permit. Development activities
for non-federal projects may not commence until a copy of the approved CAMA permit is
furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington Field
Office — 69 Darlington Avenue, Wilmington, NC 28403 or Washington Field Office — 2407
West 5th Street, Washington, NC 27889).
2.4 Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with
Nationwide Permit General Condition 31 (PCN).
2.5 Mountain or Piedmont Bogs
Prior to the use of any NWP in a Bog classified by the North Carolina Wetland Assessment
Methodology (NCWAM), applicants shall comply with Nationwide Permit General Condition 31
(PCN). The latest version of NCWAM is located on the NC DWQ web site at:
http://portal.ncdenr.org/web/wq/swp/ws/pdu/ncwam .
2.6 Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, including
wetlands, applicants shall comply with Nationwide Permit General Condition 31 (PCN).
2.7 Trout Waters
Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty-
five (25) designated trout counties of North Carolina, the applicant shall comply with
Nationwide Permit General Condition 31 (PCN). The applicant shall also provide a copy of the
notification to the appropriate NCWRC office to facilitate the determination of any potential
21

impacts to designated Trout Waters. Notification to the Corps of Engineers will include a
statement with the name of the NCWRC biologist contacted, the date of the notification, the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
mountain trout waters, why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Counties
Western Piedmont Region
Coordinator
Alleghany
Caldwell
Watauga
20830 Great Smoky Mtn.
Expressway
Ashe
Mitchell
Wilkes
Waynesville, NC 28786
Avery
Stokes
Swain
Telephone: [phone]
Burke
Surry
Transylvania
Mountain Region Coordinator
Buncombe
Henderson
Polk
20830 Great Smoky Mtn.
Expressway
Cherokee
Jackson
Rutherford
Waynesville, NC 28786
Clay
Macon
Swain
Telephone: [phone]
Graham
Madison
Transylvania
Fax: [phone]
Haywood
McDowell
Yancey
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1 Limitation of Loss of Perennial Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of greater than
300 total linear feet of perennial, intermittent or ephemeral stream, unless the District
Commander has waived the 300 linear foot limit for ephemeral and intermittent streams on a
case-by-case basis and he determines that the proposed activity will result in minimal individual
and cumulative adverse impacts to the aquatic environment. Loss of stream includes the linear
feet of stream bed that is filled, excavated, or flooded by the proposed activity. Waivers for the
loss of ephemeral and intermittent streams must be in writing and documented by
appropriate/accepted stream quality assessments*. This waiver only applies to the 300 linear feet
threshold for NWPs.
*NOTE: Applicants should utilize the most current methodology prescribed by Wilmington
District to assess stream function and quality. Information can be found at:
http://www.saw.usace.g,M.mil/wetlands/permits/nwp/nwp20l2 (see "Quick Links")
22

3.2 Mitigation for Loss of Stream Bed
For any NWP that results in a loss of more than 150 linear feet of perennial and/or
ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate
for more than minimal individual and cumulative adverse impacts to the aquatic environment.
For stream losses less than 150 linear feet, that require a PCN, the District Commander may
determine, on a case-by-case basis that compensatory mitigation is required to ensure that the
activity results in minimal adverse effect on the aquatic environment.
3.3 Pre -construction Notification for Loss of Streambed Exceeding 150 Feet.
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide
Permit General Condition 31 (PCN). This applies to NWPs that do not have specific notification
requirements. If a NWP has specific notification requirements, the requirements of the NWP
should be followed.
3.4 Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, live or fresh concrete,
including bags of uncured concrete, may not come into contact with the water in or entering into
waters of the US. Water inside coffer dams or casings that has been in contact with wet concrete
shall only be returned to waters of the US when it is no longer poses a threat to aquatic
organisms.
3.5 Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters.
3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.
23

3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing.
The waiver will only be issued if it can be demonstrated that the impacts of complying with this
Regional condition would result in greater adverse impacts to the aquatic environment.
3.6 Safe Passage Requirements for Culvert Placement
For all NWPs that involve the construction/installation of culverts, measures will be included in
the construction/installation that will promote the safe passage of fish and other aquatic
organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert
should not be modified by widening the stream channel or by reducing the depth of the stream in
connection with the construction activity. The width, height, and gradient of a proposed culvert
should be such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be determined from gage data, if available. In the
absence of such data, bankfull flow can be used as a comparable level.
In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area
Management Act (LAMA): All pipes/culverts must be sufficiently sized to allow for the burial of
the bottom of the pipe/culvert at least one foot below normal bed elevation when they are placed
within the Public Trust Area of Environmental Concern (AEC) and/or the Estuarine Waters AEC
as designated by CAMA, and/or all streams appearing as blue lines on United States Geological
Survey (USGS) 7.5 -minute quadrangle maps.
Olrwlar
culvert
12 Inches
I
Invert
Fuse
In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on
the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall
be made to maintain the existing channel slope. The bottom of the culvert must be placed at a
24

depth below the natural stream bottom to provide for passage during drought or low flow
conditions.
Culverts are to be designed and constructed in a manner that minimizes destabilization and head
cutting. Destabilizing the channel and head cutting upstream should be considered and
appropriate actions incorporated in the design and placement of the culvert.
A waiver from the depth specifications in this condition may be requested in writing. The waiver
will be issued if it can be demonstrated that the proposal would result in the least impacts to the
aquatic environment.
All counties: Culverts placed within riparian and/or riverine wetlands must be installed in a
manner that does not restrict the flow and circulation patterns of waters of the United States.
Culverts placed across wetland fills purely for the purposes of equalizing surface water do not
have to be buried.
3.7 Notification to NCDENR Shellfish Sanitation Section
Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination from the disposal area
and cause a temporary shellfish closure to be made. Such notification shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean
beach should occur between November 1 and April 30 when recreational usage is low. Only
clean sand should be used and no dredged sand from closed shell fishing areas may be used. If
beach disposal were to occur at times other than stated above or if sand from a closed shell
fishing area is to be used, a swimming advisory shall be posted, and a press release shall be
issued by the permittee.
3.8 Preservation of Submerged Aquatic Vegetation
Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP
within any of the twenty coastal counties defined by North Carolina's Coastal Area Management
Act of 1974 (CAMA).
3.9 Sedimentation and Erosion Control Structures and Measures
3.9.1. All PCNs will identify and describe sedimentation and erosion control structures and
measures proposed for placement in waters of the US. The structures and measures should be
depicted on maps, surveys or drawings showing location and impacts to jurisdictional wetlands
and streams.
25

4.0 Additional Regional Conditions for Specific Nationwide Permits
4.1 NWP # 40 - Agricultural Activities
4.1.1. This NWP may not be used in channelized or natural streams.
4.1.2. Discharges of dredged or fill material into waters of the US, including wetlands, within the
floodway resulting in permanent above -grade fills are not authorized by this NWP.
*NOTE: Floodway-The area designated and/or regulated by Federal, state, or local requirements
to provide for the discharge of the base flood so the cumulative increase in water surface
elevation is no more than a designated height identified by the regulating entity within the 100 -
year floodplain.
4.1.3. Discharges of dredged or fill material into waters of the US, including wetlands, within
the mapped FEMA 100 -year floodplain resulting in permanent above -grade fills are not
authorized by this NWP.
4.1.4. This nationwide permit may not be used to authorize the discharges of dredged or fill
material into waters of the United States that have been identified or designated by the State of
North Carolina as:
Outstanding Resource Waters
High Quality Waters
Coastal Wetlands as defined by North Carolina's Coastal Area Management Act
Wetlands adjacent to these waters
26

STATE OF NORTH CAROLINA FIRM PANEL LOCATOR DIAGRAM
DATUM INFORMATION
The projection used in the preparation of this map was the North Carolina
State Plane (FIPSZONE 3200). The horizontal datum was the North American
Datum of 1983, GRS80 ellipsoid. Differences in datum, ellipsoid, projection, or
Universal Transverse Mercator zones used in the production of FIRMS for adjacent
jurisdictions may result in slight positional differences in map features across
jurisdictional boundaries. These differences do not affect the accuracy of this
FIRM. All coordinates on this map are in U.S. Survey Feet, where
1 U.S. Survey Foot = 1200/3937 Meters.
Flood elevations on this map are referenced to the North American Vertical
Datum of 1988 (NAVD 88). These flood elevations must be compared to structure
and ground elevations referenced to the same vertical datum- An average
offset between NAVD 88 and the National Geodetic Vertical Datum of 1929
(NGVD 29) has been computed for each North Carolina county. This offset was
then applied to the NGVD 29 flood elevations that were not revised during the
creation of this statewide format FIRM. The offsets for each county shown on
this FIRM panel are shown in the vertical datum offset table below. Where a
county boundary and a flooding source with unrevised NGVD 29 flood elevations
are coincident, an individual offset has been calculated and applied during the
creation of this statewide format FIRM. See Section 6.1 of the accompanying
Flood Insurance Study report to obtain further information on the conversion
of elevations between NAVD 88 and NGVD 29. To obtain current elevation,
description, and/or location information for bench marks shown on this map,
please contact the North Carolina Geodetic Survey at the address shown below.
You may also contact the Information Services Branch of the National Geodetic
Survey at [phone], or visit its website at www.ngs.noaa.gov.
North Carolina Geodetic Survey County Average Vertical Datum Offset Table
121 West Jones Street County Vertical Datum Offset ift)
Raleigh, NC 27601 Wayne - 1.02
[phone]
www. n c q s. state. n c. us
Example: NAVD i3s = NGVD 29 + (-1.02)
All streams listed in the Flood Hazard Data Table below were studied by
detailed methods using field survey. Other flood hazard data shown on this
map may have been derived using either a coastal analysis or limited detailed
riverine analysis. More information on the flooding sources studied by these
analyses is contained in the Flood Insurance Study report.
FLOOD HAZARD DATA TABLE
Floodway Width (feet)
781 O6' 00"
WILSON
NOTES TO
USERS
Q
-xJ
<0
"b
r
`V
Flood Discharge
000 -ear
Encroachment Boundary
Section
Station'
{cls}
Water -Surface Elevation
{Looking Downstream} ar
or additional flood hazard information.
;feet NAVD 38}
Total Floodway width
FALLING CREEK
Base map information and geospatial data used to develop this FIRM were obtained from
313
31,330 NA
98.7
IF I
334
33,420 NA
98.7
1 ,600
roU fo°aD�a
5roti
JOHNSTON ,.�(�
1,550
-
41,000 NA
fy
7
1111 rLt7',
�] J
r V
Q�
n 141
J �3
079 7,850 NA
98-82
1,140
101 10,050 NA
X8.8
1 310
Feetabove mouth Elevation includes backwater effects `ram Falling Creek
for additional information about base map preparation.
tK..
presented in the FIS report should be utilized in conjunction with the FIRM for purposes
fi
'�S'�7 n3~
"�
of construction and/or floodplain management.
�4
Insurance Program in general, please call 1 -877-FEMA MAP (1-877-336-2627) or visit the
most up-to-date data available at the time of publication. Changes in the corporate
FEMA website at www.fema.goy.
For community map revision history prior to statewide mapping, refer to the Community Map
Boundaries of the floodways were computed at cross sections and interpolated between
Limits may have occurred since this map was published. Map users should
Notice to User: The Nap Number shown below should be used
when placing map orders; the Community Number shown
History table located in the Flood Insurance Study report for this jurisdiction.
cross sections. The floodways were based on hydraulic considerations with regard to
consult the appropriate community official or website to verify current conditions of
An accompanying Hood Insurance Study report, Letter of Map Revision (LOMB) or Letter
requirements of the National Flood Insurance Program. Floodway widths and other
jurisdictional boundaries and base map features.
of Map Amendment (LOMA) revising portions of this panel, and digital versions of this
r�0
pertinent floodway data are provided in the Flood Insurance Study report for the jurisdictions.
FIRM may be available. Visit the North Carolina Floodplain Napping Program website
North Carolina Division of Emergency Management or the National Flood Insurance Program at the
at www.ncfloodrnaps.com, or contact the FEMA Map Service Center at 1-800-358-9616
following phone numbers or websites:
1-5
Air
0
NC Division of Emergency Management National Flood Insurance Program
Center may also be reached by Fax at 1-800-358-9620 and their website at www.fema.gov/msc.
[phone] www•nccrimecontrol.org/nf-i 1-800-638-6620 www.fema.goyilfip
n L�
fL
�a✓�"l-'y
�el
State of North Carolina
�a I-P
Federal Ernergenr:y Management Agency�l
SAMPSON
(V
DuPLIN
DATUM INFORMATION
The projection used in the preparation of this map was the North Carolina
State Plane (FIPSZONE 3200). The horizontal datum was the North American
Datum of 1983, GRS80 ellipsoid. Differences in datum, ellipsoid, projection, or
Universal Transverse Mercator zones used in the production of FIRMS for adjacent
jurisdictions may result in slight positional differences in map features across
jurisdictional boundaries. These differences do not affect the accuracy of this
FIRM. All coordinates on this map are in U.S. Survey Feet, where
1 U.S. Survey Foot = 1200/3937 Meters.
Flood elevations on this map are referenced to the North American Vertical
Datum of 1988 (NAVD 88). These flood elevations must be compared to structure
and ground elevations referenced to the same vertical datum- An average
offset between NAVD 88 and the National Geodetic Vertical Datum of 1929
(NGVD 29) has been computed for each North Carolina county. This offset was
then applied to the NGVD 29 flood elevations that were not revised during the
creation of this statewide format FIRM. The offsets for each county shown on
this FIRM panel are shown in the vertical datum offset table below. Where a
county boundary and a flooding source with unrevised NGVD 29 flood elevations
are coincident, an individual offset has been calculated and applied during the
creation of this statewide format FIRM. See Section 6.1 of the accompanying
Flood Insurance Study report to obtain further information on the conversion
of elevations between NAVD 88 and NGVD 29. To obtain current elevation,
description, and/or location information for bench marks shown on this map,
please contact the North Carolina Geodetic Survey at the address shown below.
You may also contact the Information Services Branch of the National Geodetic
Survey at [phone], or visit its website at www.ngs.noaa.gov.
North Carolina Geodetic Survey County Average Vertical Datum Offset Table
121 West Jones Street County Vertical Datum Offset ift)
Raleigh, NC 27601 Wayne - 1.02
[phone]
www. n c q s. state. n c. us
Example: NAVD i3s = NGVD 29 + (-1.02)
All streams listed in the Flood Hazard Data Table below were studied by
detailed methods using field survey. Other flood hazard data shown on this
map may have been derived using either a coastal analysis or limited detailed
riverine analysis. More information on the flooding sources studied by these
analyses is contained in the Flood Insurance Study report.
FLOOD HAZARD DATA TABLE
Floodway Width (feet)
781 O6' 00"
LefVRight Distance From
the Center of stream to
NOTES TO
USERS
1%An nu alChance
Cross
Stream
Flood Discharge
000 -ear
Encroachment Boundary
Section
Station'
{cls}
Water -Surface Elevation
{Looking Downstream} ar
or additional flood hazard information.
;feet NAVD 38}
Total Floodway width
FALLING CREEK
Base map information and geospatial data used to develop this FIRM were obtained from
313
31,330 NA
98.7
1,580
334
33,420 NA
98.7
1 ,600
374
37.420 NA
98.8
1,550
410
41,000 NA
99.5
1 ,300
THOROUGHFARE SWAMP
050 5.000 NA
98.82
1,300
079 7,850 NA
98-82
1,140
101 10,050 NA
X8.8
1 310
Feetabove mouth Elevation includes backwater effects `ram Falling Creek
�Y T
k
v
d
S.
te. i
r
FEh4A S GiX7F'EH?,11NtG 1EGHr•IICAL ?AFiIrJEri ',pt
„r
'INTI sv
This digital Flood Insurance Rate Map (FIRM) was produced through a unique
cooperative partnership between the State of North Carolina and the Federal
Emergency Management Agency (FEMA). The State of North Carolina has
implemented a long term approach of floodplain management to decrease
the costs associated with flooding. This is demonstrated b the State's com-
mitment to map floodplain areas at the local level. As a part of this effort, the
State of North Carolina hasjoined in a Cooperating Technical State agreement
t
with FEMA to produce and maintain this digital FIRM.
www.ncfloodmaps.com
2 261
570 0129 L_
35°18'3
3911 0 �^
ZONE X
ZONE X
35°18'0
3910 000 rn
562 500 FEE
35' 17' 3
3909 600 rn
560 000 FEE
2 26L
78° 07' 30"
isl1Rll�y�
ZONE X
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78°06'04"
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2 270 000 FEET
7{fq uw m
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• • • •�.�``���' .- • .. • • ZONE
Wayne County
Unincorporated Areas
370254
ZONE X
H.ANSCi' M
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r R N B C'O,v ..i •_
FZ 28 ; ' r
-
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70 000 FEET
i° 18' 30"
3911 OW M
i7 500 FEET
18' 00 "
3910 oIw m
17' 30'
'*309
560 000 FEET
764 am °" 2 270 000 FEET
vas •.....7 8' 0 i1 30
78,67' 60" VVIIYV 1 !-IIYLL LJ VU' 781 O6' 36"
781 O6' 00"
NOTES TO
USERS
This map is for use in administering the National Flood Insurance Program. It does not
Certain areas not in Special Flood Hazard Areas may be protected by flood control
This map reflects more detailed and up-to-date stream channel configurations than
MAP REPOSITORY
necessarily identify all areas subject to flooding, particularly from local drainage sources
structures. Refer to Section 4.4 "Flood Protection Measures" of the Flood Insurance
those shown on the previous FIRM for this jurisdiction. The floodplains and floodways
Refer to listing of Map Repositories an Map Index or visit www.ncflaodmaps.com.
of small size. The community map repository should be consulted for possible updated
Study report for information on flood control structures in the jurisdictions.
that were transferred from the previous FIRM may have been adjusted to conform to
or additional flood hazard information.
these new stream channel configurations. As a result, the Flood Profiles and Floodway
Base map information and geospatial data used to develop this FIRM were obtained from
Data tables in the Flood Insurance Study report (which contains authoritative hydraulic
EFFECTIVE DATE OF FLOOD INSURANCE RATE MAP PANEL
To obtain more detailed information in areas where Base Flood Elevations BFEs
( )
various organizations, including the participating local communit ies state and federal
9 , g P p g Y( ).
data may reflect stream channel distances that differ from what is shown on this map.
) Y p
DECEMBER 2.2005
and/or floodways have been determined, users are encouraged to consult the Flood
agencies, and/or other sources. The primary base for this FIRM is aerial imagery acquired as
(SEE LOCATOR DIAGRAM OR MAP INDEX FOR FIRM
Profiles, Floodway Data and/or Summary of Stillwater Elevations tables contained within
part of the National Digital Orthophoto Program. The time period of collection for the
Please refer to the separately printed Map Index for an overview map of the county
the Flood Insurance Study (FIS) report that accompanies this FIRM. Users shouldbe
ima arY is 2000. Information and geospalial data supplied by the local communit (ies)
showing the layout of map panels, community map repository addresses, and a Listing of
EFFECTIVE DATE(S)OF REVISION(S)TO THIS PANEL
aware that BFEs shown on the FIRM represent rounded whole -foot elevations. These
that met FEMA base map specifications were considered the preferred source for
Communities table containing National Flood Insurance Program dates for each community
BFEs are intended for flood insurance rating purposes only and should not be used
development of the base map. See geospatial metadata for the associated digital FIRM
as well as a listing of the panels on which each is located.
as the sole source of flood elevation information. Accordingly, flood elevation data
for additional information about base map preparation.
presented in the FIS report should be utilized in conjunction with the FIRM for purposes
If you have questions about this map, or questions concerning the National Flood
of construction and/or floodplain management.
Base map features shown on this map, such as corporate limits, are based on the
Insurance Program in general, please call 1 -877-FEMA MAP (1-877-336-2627) or visit the
most up-to-date data available at the time of publication. Changes in the corporate
FEMA website at www.fema.goy.
For community map revision history prior to statewide mapping, refer to the Community Map
Boundaries of the floodways were computed at cross sections and interpolated between
Limits may have occurred since this map was published. Map users should
Notice to User: The Nap Number shown below should be used
when placing map orders; the Community Number shown
History table located in the Flood Insurance Study report for this jurisdiction.
cross sections. The floodways were based on hydraulic considerations with regard to
consult the appropriate community official or website to verify current conditions of
An accompanying Hood Insurance Study report, Letter of Map Revision (LOMB) or Letter
requirements of the National Flood Insurance Program. Floodway widths and other
jurisdictional boundaries and base map features.
of Map Amendment (LOMA) revising portions of this panel, and digital versions of this
To determine if flood insurance is available 1n this community, contact Your insurance agent, the
pertinent floodway data are provided in the Flood Insurance Study report for the jurisdictions.
FIRM may be available. Visit the North Carolina Floodplain Napping Program website
North Carolina Division of Emergency Management or the National Flood Insurance Program at the
at www.ncfloodrnaps.com, or contact the FEMA Map Service Center at 1-800-358-9616
following phone numbers or websites:
for Information on all related products associated with this FIRM. The 'FEMA Map Service
NC Division of Emergency Management National Flood Insurance Program
Center may also be reached by Fax at 1-800-358-9620 and their website at www.fema.gov/msc.
[phone] www•nccrimecontrol.org/nf-i 1-800-638-6620 www.fema.goyilfip
LEGEND
SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO
INUNDATION BY THE 1 % ANNUAL CHANCE FLOOD
The 1 % annual chance flood (100 -year flood), also known as the base flood, is the flood
that has a I% chance of being equaled or exceeded in any given year. The Special
Flood Hazard Area is the area subject to flooding by the 1% annual chance flood. Areas
of Special Flood Hazard include Zones A, AE, AH, AO, AR, A99, V, and VE. The Base
Flood Elevation is the water -surface elevation of the 1% annual chance flood.
ZONE A No Base Flood Elevations determined.
ZONE AE Base Flood Elevations determined.
ZONE AH Flood depths of 1 to 3 feet (usually areas of ponding); Base Flood
Elevations determined.
ZONE AO Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain);
average depths determined. For areas of alluvial fan flooding, velocities
also determined.
ZONE AR Special Flood Hazard Area formerly protected from the 1% annual
chance flood by a flood control system that was subsequently
decertified. Zone AR indicates that the former flood control system is
being restored to provide protection from the 1 % annual chance or
greater flood.
ZONE A44 Area to be pratecied from 196 annual chance flood by a Federal
on protection system under construction, no Base Flood Elevations
determined.
ZONE VE Coastal flood zone with velocity hazard (wave action); Base Flood Elevations
determined.
FLOODWAY AREAS IN ZONE AE
The Floodway is the channel of a stream plus any adjacent floodplain areas that must be
kept free of encroachment so that the 19`6 annual chance flood can be carried without
substantial increases in flood heights.
OTHER FLOOD AREAS
ZONE X Areas of 0.2% annual chance flood; areas of 1% annual chance flood
with average depths of less than 1 foot or with drainage areas less than
1 square mile; and areas protected by levees from 1 % annual chance
flood.
D'OTHER AREAS
ZONE X Areas determined to be outside the 0.2 % annual chance floodplain.
ZONE D Areas in which flood hazards are undetermined, but possible.
COASTAL BARRIER RESOURCES SYSTEM (CBRS) AREAS
OTHERWISE PROTECTED AREAS (OPAs)
CBRS areas and OPAs are normally located within or adjacent to Special Flood Hazard Areas.
1% annual chance floodplain boundary
0.2% annual chance floodplain boundary
Floodway boundary
- - Zone D Boundary
...w...............r CBRS and OPA boundary
Boundary dividing Special Flood Hazard Areas of different
Base Flood Elevations, flood depths or flood velocities.
_513 Base Flood Elevation line and value; elevation in feet*
(EL 987) Base Flood Elevation value where uniform within zone;
elevation in feet"
*Referenced to the North American Vertical Datum of 1988
acs Cross section line
Transect line
97°07' 30", 32°22' 30" Geographic coordinates referenced to the North American
Datum of 1983 (NAD 83)
4276 m 1000 -meter Universal Transverse Mercator grid licks, zone 17
1 477 500 FEET 2500 -foot grid values: North Carolina State Plane coordinate
system (FIPSZONE 3200, State Plane NAD 83 feet)
BM5510 North Carolina Geodetic Survey bench mark (see explanation
X in the Datum Information section of this FIRM panel).
BM5510 National Geodetic Survey bench mark (see explanation in
the Datum Information section of this FIRM panel).
• M1.5 River Mile
GRID NORTH
MAP SCALE 1" = 500' (1 6,000)
250 a 500 1000
FEET
METERS
Iso 0 ISO 300
PANEL 2566)
FIRM
FLOOD INSURANCE RATE IAP
NORTH CAROLINA
Qm
®
PANEL 2566
(SEE LOCATOR DIAGRAM OR MAP INDEX FOR FIRM
PANEL LAYOUT)
CONTAINS:
COMMUNITY CID No. PANEL SUFFIX
WAYNE COUNTY 370254 2588
Notice to User: The Nap Number shown below should be used
when placing map orders; the Community Number shown
above should be used on insurance applications for the subject
community.
EFFECTIVE DATE MAP NUMBER
DECEMBER2, 2005 3720256600)
.,. ""�
a 4
1
e `ti
T
E J
State of North Carolina
Federal Ernergenr:y Management Agency�l

STATE OF NORTH CAROLINA FIRM PANEL LOCATOR DIAGRAM
DATUM INFORMATION
The projection used in the preparation of this map was the North Carolina
State Plane (FIPSZONE 3200). The horizontal datum was the North American
Datum of 1983, GRS80 ellipsoid. Differences in datum, ellipsoid, projection, or
Universal Transverse Mercator zones used in the production of FIRMS for adjacent
jurisdictions may result in slight positional differences in map features across
jurisdictional boundaries. These differences do not affect the accuracy of this
FIRM. All coordinates on this map are in U.S. Survey Feet, where
1 U.S. Survey Foot = 1200/3937 Meters.
Flood elevations on this map are referenced to the North American Vertical
Datum of 1988 {NAVD 88}. These flood elevations must be compared to structure
and ground elevations referenced to the same vertical datum. An average
offset between NAVD 88 and the National Geodetic Vertical Datum of 1929
(NGVD 29) has been computed for each North Carolina county. This offset was
then applied to the NGVD 29 flood elevations that were not revised during the
creation of this statewide format FIRM. The offsets for each county shown on
this FIRM panel are shown in the vertical datum offset table below. Where a
county boundary and a flooding source with unrevised NGVD 29 flood elevations
are coincident, an individual offset has been calculated and applied during the
creation of this statewide format FIRM. See Section 6.1 of the accompanying
Flood Insurance Study report to obtain further information on the conversion
of elevations between NAVD 88 and NGVD 29. To obtain current elevation,
description, and/or location information for bench marks shown on this map,
please contact the North Carolina Geodetic Survey at the address shown below.
You may also contact the Information Services Branch of the National Geodetic
Survey at [phone], or visit its website at www.ngs.noaa.gov.
North Carolina Geodetic Survey County Average Vertical Datum Offset Table
121 West Jones Street County Vertical Datum Offset (ft)
Raleigh, NC 27601 Wayne - 1.02
[phone]
www. ncgs. state.nc. us
Example: NAVD 88 = NGVD 29 + (-1.02)
All streams listed in the Flood Hazard Data Table below were studied by
detailed methods using field survey. Other flood hazard data shown on this
map may have been derived using either a coastal analysis or limited detailed
riverine analysis. More information on the flooding sources studied by these
analyses is contained in the Flood Insurance Study report.
r
x
FtMA 5 4:WF'EI Ntli
This digital Flood Insurance Rate Map (FIRM) was produced through a unique
cooperative partnership between the State of North Carolina and the Federal
Emergency Management Agency (FEMA). The State of North Carolina has
implemented a long term approach of floodplain management to decrease
the costs associated with flooding. This is demonstrated b the State's com-
g Y
mitment to ma floodplain areas at the local level. As art of this effortthe
P P P
State of North Carolina has Ioined in a Cooperating Technical State agreement
t
with FEMA to produce and maintain this digital FIRM.
www.ncfloodmaps.com
570 000 FEE
3911 oar M
35" IS' 3
35`18'0
3910 MOM
562 500 FEE
35" 17' 3
3909 DW ""
560 000 FEE'
2 251 ,.,,.,
78"09' 30"
78"09' 00"
78' 08' 30 "
78,08' 00"
2 260 000 FEET
78" 09' 30 "
This map is for use in administering the National Flood Insurance Program. It does not
necessarily identify all areas subject to flooding, particularly from local drainage sources
of small size. The community map repository should be consulted for possible updated
or additional flood hazard information.
To obtain more detailed information in areas where Base Flood ElevationsBFEs
( )
and/or floodways have been determined, users are encouraged to consult the Flood
Profiles, Floodway Data and/or Summary of Stillwater Elevations tables contained within
the Flood Insurance Study (FIS) report that accompanies this FIRM. Users should be
aware that BFEs shown on the FIRM represent rounded whole -foot elevations. These
BFEs are intended for flood insurance rating purposes only and should not be used
as the sole source of flood elevation information. Accordingly, flood elevation data
presented in the AS report should be utilized in conjunction with the FIRM for purposes
of construction and/or floodplain management.
Boundaries of the f loadwa s were computed at cross sections and interpolated betweenn
cross sections. The floodwa s were based on hydraulic considerations with regard to
Y Y g
requirements of the National Flood Insurance Program. Floodway widths and other
pertinent floodway data are provided in the Flood Insurance Study report for the jurisdictions.
78" 09' 00 "
f�l'•.t 1► A'1• r�1►1 � ��11•Hl
Certain areas not in Special Flood Hazard Areas may be protected by flood control
structures. Refer to Section 4.4 "Flood Protection Measures" of the Rood Insurance
Study report for information on flood control structures in the jurisdictions.
Base ma information and eos atial data used to develop this FIRM were obtained from
P 9 p p
various organizations, including the participating local community(ies), state and federal
agencies, and/or other sources. The primary base for this FIRM is aerial imagery acquired as
part of the National Digital Orthophoto Program. The time period of collection for the
imagery is 2000. Information and geospatial data supplied by the local community(ies)
that met FEMA base map specifications were considered the preferred source for
development of the base map. See geospatial metadata for the associated digital FIRM
for additional information about base map preparation.
Base map features shown on this map, such as corporate limits, are based on the
most up-to-date data available at the time of publication. Changes in the corporate
limits may have occurred since this mapwas published. Map users should
consult the appropriate community or website to verify current conditions of
jurisdictional boundaries and base map P features.
LVINI
78"08' 30"
This map reflects more detailed and up-to-date stream channel configurations than
those shown on the previous FIRM for this jurisdiction. The floodplains and floodways
that were transferred from the previous FIRM may have been adjusted to conform to
these new stream channel configurations. As a result, the Flood Profiles and Floodway
Data tables in the Flood Insurance Study ort hydraulic
re which contains authoritative h P ( Y
data} may reflect stream channel distances that differ from what is shown on this map.
Please refer to the separately printed Map Index for an overview map of the county
showing the layout of map panels, community map repository addresses, and a Listing of
Communities table containing National Flood Insurance Program dates for each community
as well as a listing of the panels on which each is located.
If you have questions about this map, or questions concerning the National Flood
Insurance Program in general, please call 1 -877 -FEMA MAP (1-877-336-2627) or visit the
FEMA website at www.fema.gov.
An accompanying Flood Insurance Study report, Letter- of Map Revision (L MR)
or Letter
of Ma Amendment LAMA revising onions of this ane] and digital versions of this
Map { } g p panel, 9
FIRM may be available. Visit the North Carolina Floodplain Mapping Program website
at www.ncfloodmaps.com, or contact the FEMA Map Service Center at 1-800-358-9616
for information on all related products associated with this FIRM. The 'FEMA Map Service
Center may also be reached by Fax at 1-800-358-9620 and their website at www.fema.gov/msc.
78'08' 00"
LEGEND
SPECIAL. FLOOD HAZARD AREAS (SFHAs) SUBJECT TO
70 000 FEET INUNDATION BY THE 1 % ANNUAL CHANCE FLOOD
The 1 % annual chance flood (100 -year flood), also known as the base flood, is the flood
that has a 1 % chance of being equaled or exceeded in any given year. The Special
Flood Hazard Area is the area subject to flooding by the 1% annualchance flood. Areas
of Special Flood Hazard include Zones A, AE, AH, AO, AR, A99, V, and VE. The Base
Flood Elevation is the water -surface elevation of the 1% annual chance flood.
ZONE A No Base Flood Elevations determined.
ZONE AE Base Flood Elevations determined.
ZONE AH Flood depths of 1 to 3 feet (usually areas of ponding); Base Flood
Elevations determined.
ZDNE AO Flood depths of 7 to 3 feet (usually sheet flow an sloping terrain);
average depths determined. For areas of alluvial fan flooding, velocities
akso determined.
ZONE AR Special Flood Hazard Area formerly protected from the 1% annual
chance flood by a flood control system that was subsequently
decertified. Zone AR indicates that the former flood control system is
being restored to provide protection from the 1©/o annual chance or
greater flood.
ZONE A99 Area to be protected from 196 annual chance flood by a Federal
flood protection system under construction; no Base Flood Elevations
determined.
ZONE VE Coastal flood zone with velocity hazard (wave action); Base Flood Elevations
determined.
PANEL 2556)
3" 18' 30,,
WILSON
3911 ori m
J
1 -he floodway is the channel of a stream plus any adjacent floodplain areas that must be
Q)
substantial increases in flood heights.
OTHER FLOOD AREAS
ZONE X Areas of 0.2% annual chance flood; areas of 1% annual chance flood
_
JOHNSTON
n . (b
t -y
V
1 square mile; and areas protected by levees from 1 % annual chance
flood.
37 500 177 -ET
m
l rn
rr.�' ray�C�
roti
(Z
(-
I -Q)
y�[)
c'j,
C110 �Pl
_14,--
COASTAL BARRIER RESOURCES SYSTEM (CBRS) AREAS
OTHERWISE PROTECTED AREAS (OPAs)
\SY'
SAMPSON I�
1% annual chance floodplain boundary
0.2% annual chance floodplain boundary
— — — — Floodway boundary
rn
r5
- - Zone D Boundary
•••+.......+++++.+.. CBRS and OPA boundary
r�
®UPLIN
Base Flood Elevations, flood depths or flood velocities.
—513— Base Flood Elevation line and value; elevation in feet*
DATUM INFORMATION
The projection used in the preparation of this map was the North Carolina
State Plane (FIPSZONE 3200). The horizontal datum was the North American
Datum of 1983, GRS80 ellipsoid. Differences in datum, ellipsoid, projection, or
Universal Transverse Mercator zones used in the production of FIRMS for adjacent
jurisdictions may result in slight positional differences in map features across
jurisdictional boundaries. These differences do not affect the accuracy of this
FIRM. All coordinates on this map are in U.S. Survey Feet, where
1 U.S. Survey Foot = 1200/3937 Meters.
Flood elevations on this map are referenced to the North American Vertical
Datum of 1988 {NAVD 88}. These flood elevations must be compared to structure
and ground elevations referenced to the same vertical datum. An average
offset between NAVD 88 and the National Geodetic Vertical Datum of 1929
(NGVD 29) has been computed for each North Carolina county. This offset was
then applied to the NGVD 29 flood elevations that were not revised during the
creation of this statewide format FIRM. The offsets for each county shown on
this FIRM panel are shown in the vertical datum offset table below. Where a
county boundary and a flooding source with unrevised NGVD 29 flood elevations
are coincident, an individual offset has been calculated and applied during the
creation of this statewide format FIRM. See Section 6.1 of the accompanying
Flood Insurance Study report to obtain further information on the conversion
of elevations between NAVD 88 and NGVD 29. To obtain current elevation,
description, and/or location information for bench marks shown on this map,
please contact the North Carolina Geodetic Survey at the address shown below.
You may also contact the Information Services Branch of the National Geodetic
Survey at [phone], or visit its website at www.ngs.noaa.gov.
North Carolina Geodetic Survey County Average Vertical Datum Offset Table
121 West Jones Street County Vertical Datum Offset (ft)
Raleigh, NC 27601 Wayne - 1.02
[phone]
www. ncgs. state.nc. us
Example: NAVD 88 = NGVD 29 + (-1.02)
All streams listed in the Flood Hazard Data Table below were studied by
detailed methods using field survey. Other flood hazard data shown on this
map may have been derived using either a coastal analysis or limited detailed
riverine analysis. More information on the flooding sources studied by these
analyses is contained in the Flood Insurance Study report.
r
x
FtMA 5 4:WF'EI Ntli
This digital Flood Insurance Rate Map (FIRM) was produced through a unique
cooperative partnership between the State of North Carolina and the Federal
Emergency Management Agency (FEMA). The State of North Carolina has
implemented a long term approach of floodplain management to decrease
the costs associated with flooding. This is demonstrated b the State's com-
g Y
mitment to ma floodplain areas at the local level. As art of this effortthe
P P P
State of North Carolina has Ioined in a Cooperating Technical State agreement
t
with FEMA to produce and maintain this digital FIRM.
www.ncfloodmaps.com
570 000 FEE
3911 oar M
35" IS' 3
35`18'0
3910 MOM
562 500 FEE
35" 17' 3
3909 DW ""
560 000 FEE'
2 251 ,.,,.,
78"09' 30"
78"09' 00"
78' 08' 30 "
78,08' 00"
2 260 000 FEET
78" 09' 30 "
This map is for use in administering the National Flood Insurance Program. It does not
necessarily identify all areas subject to flooding, particularly from local drainage sources
of small size. The community map repository should be consulted for possible updated
or additional flood hazard information.
To obtain more detailed information in areas where Base Flood ElevationsBFEs
( )
and/or floodways have been determined, users are encouraged to consult the Flood
Profiles, Floodway Data and/or Summary of Stillwater Elevations tables contained within
the Flood Insurance Study (FIS) report that accompanies this FIRM. Users should be
aware that BFEs shown on the FIRM represent rounded whole -foot elevations. These
BFEs are intended for flood insurance rating purposes only and should not be used
as the sole source of flood elevation information. Accordingly, flood elevation data
presented in the AS report should be utilized in conjunction with the FIRM for purposes
of construction and/or floodplain management.
Boundaries of the f loadwa s were computed at cross sections and interpolated betweenn
cross sections. The floodwa s were based on hydraulic considerations with regard to
Y Y g
requirements of the National Flood Insurance Program. Floodway widths and other
pertinent floodway data are provided in the Flood Insurance Study report for the jurisdictions.
78" 09' 00 "
f�l'•.t 1► A'1• r�1►1 � ��11•Hl
Certain areas not in Special Flood Hazard Areas may be protected by flood control
structures. Refer to Section 4.4 "Flood Protection Measures" of the Rood Insurance
Study report for information on flood control structures in the jurisdictions.
Base ma information and eos atial data used to develop this FIRM were obtained from
P 9 p p
various organizations, including the participating local community(ies), state and federal
agencies, and/or other sources. The primary base for this FIRM is aerial imagery acquired as
part of the National Digital Orthophoto Program. The time period of collection for the
imagery is 2000. Information and geospatial data supplied by the local community(ies)
that met FEMA base map specifications were considered the preferred source for
development of the base map. See geospatial metadata for the associated digital FIRM
for additional information about base map preparation.
Base map features shown on this map, such as corporate limits, are based on the
most up-to-date data available at the time of publication. Changes in the corporate
limits may have occurred since this mapwas published. Map users should
consult the appropriate community or website to verify current conditions of
jurisdictional boundaries and base map P features.
LVINI
78"08' 30"
This map reflects more detailed and up-to-date stream channel configurations than
those shown on the previous FIRM for this jurisdiction. The floodplains and floodways
that were transferred from the previous FIRM may have been adjusted to conform to
these new stream channel configurations. As a result, the Flood Profiles and Floodway
Data tables in the Flood Insurance Study ort hydraulic
re which contains authoritative h P ( Y
data} may reflect stream channel distances that differ from what is shown on this map.
Please refer to the separately printed Map Index for an overview map of the county
showing the layout of map panels, community map repository addresses, and a Listing of
Communities table containing National Flood Insurance Program dates for each community
as well as a listing of the panels on which each is located.
If you have questions about this map, or questions concerning the National Flood
Insurance Program in general, please call 1 -877 -FEMA MAP (1-877-336-2627) or visit the
FEMA website at www.fema.gov.
An accompanying Flood Insurance Study report, Letter- of Map Revision (L MR)
or Letter
of Ma Amendment LAMA revising onions of this ane] and digital versions of this
Map { } g p panel, 9
FIRM may be available. Visit the North Carolina Floodplain Mapping Program website
at www.ncfloodmaps.com, or contact the FEMA Map Service Center at 1-800-358-9616
for information on all related products associated with this FIRM. The 'FEMA Map Service
Center may also be reached by Fax at 1-800-358-9620 and their website at www.fema.gov/msc.
78'08' 00"
LEGEND
SPECIAL. FLOOD HAZARD AREAS (SFHAs) SUBJECT TO
70 000 FEET INUNDATION BY THE 1 % ANNUAL CHANCE FLOOD
The 1 % annual chance flood (100 -year flood), also known as the base flood, is the flood
that has a 1 % chance of being equaled or exceeded in any given year. The Special
Flood Hazard Area is the area subject to flooding by the 1% annualchance flood. Areas
of Special Flood Hazard include Zones A, AE, AH, AO, AR, A99, V, and VE. The Base
Flood Elevation is the water -surface elevation of the 1% annual chance flood.
ZONE A No Base Flood Elevations determined.
ZONE AE Base Flood Elevations determined.
ZONE AH Flood depths of 1 to 3 feet (usually areas of ponding); Base Flood
Elevations determined.
ZDNE AO Flood depths of 7 to 3 feet (usually sheet flow an sloping terrain);
average depths determined. For areas of alluvial fan flooding, velocities
akso determined.
ZONE AR Special Flood Hazard Area formerly protected from the 1% annual
chance flood by a flood control system that was subsequently
decertified. Zone AR indicates that the former flood control system is
being restored to provide protection from the 1©/o annual chance or
greater flood.
ZONE A99 Area to be protected from 196 annual chance flood by a Federal
flood protection system under construction; no Base Flood Elevations
determined.
ZONE VE Coastal flood zone with velocity hazard (wave action); Base Flood Elevations
determined.
3 17'30"
3909 NO M
60 000 FEET
2 260 090 FEET
MAP REPOSITORY
Refer to listing of Map Repositories on Map Index or visit www.ncfloodmaps.com.
EFFECTIVE DATE OF FLOOD INSURANCE RATE MAP PANEL
DECEMBER 2, 2005
EFFECTIVE DATE(S) OF REVISIONS) TO THIS PANEL
For community map revision history Priorto statewide mapping, refer to the Community Map
Histo table located in the Flood Insurance Stud report for this jurisdiction.
to e
History Y P 1
To determine if flood insurance is available in this community, contact Your insurance agent, the
North Carolina Division of Emergency Management or the National Flood Insurance Program at the
following phone numbers or websites:
NC Division of Emergency Management National Flood Insurance Program
[phone] www.nccrimecontrol.org/nfip 1-800-638-6620 www.fema.go\/nfip
Z&
GRID NORTH
MAP SCALE 1" = 500' (1 : 6,000)
250 0 500 1000
_ FEET
METERS
ISO 0 750 300
PANEL 2556)
3" 18' 30,,
FLOODWAY AREAS IN ZONE AE
3911 ori m
FIRM
1 -he floodway is the channel of a stream plus any adjacent floodplain areas that must be
kept free of encroachment so that the 1 % annual chance flood can be carried without
substantial increases in flood heights.
OTHER FLOOD AREAS
ZONE X Areas of 0.2% annual chance flood; areas of 1% annual chance flood
with average depths of less than 1 foot or with drainage areas less than
1 square mile; and areas protected by levees from 1 % annual chance
flood.
37 500 177 -ET
OTHER AREAS
ZONE X Areas determined to be outside the 0.2% annual chance floodplain.
ZONE D Areas in which flood hazards are undetermined, but possible.
COASTAL BARRIER RESOURCES SYSTEM (CBRS) AREAS
OTHERWISE PROTECTED AREAS (OPAs)
CBRS areas and OPAs are normally located within or adjacent to Special Flood Hazard Areas.
1% annual chance floodplain boundary
0.2% annual chance floodplain boundary
— — — — Floodway boundary
- - Zone D Boundary
•••+.......+++++.+.. CBRS and OPA boundary
Boundary dividing Special Flood Hazard Areas of different
Base Flood Elevations, flood depths or flood velocities.
—513— Base Flood Elevation line and value; elevation in feet*
(EL 987) Base Flood Elevation value where uniform within zone;
elevation in feet"
*Referenced to the North American Vertical Datum of 1988
ate Cross section line
23 - - - - - - 23 Transect line
Geographic coordinates referenced to the North American
97'07' 30". 32"22' 30' Datum of 1983 (NAD 83)
S" 18. 00-
4276wQ 1000 -meter Universal Transverse Mercator grid ticks, zone 17
1 477 500 FEET 2500 -foot grid values: North Carolina State Plane coordinate
system (FIPSZONE 3200, State Plane NAD 83 feet)
BM5510 North Carolina Geodetic Survey bench mark (see explanation
in the Datum Information section of this FIRM panel).
3910 o-00 ^"
BM5510 National Geodetic Survey bench mark (see explanation in
(9 the Datum Information section of this FIRM panel).
o M1.5 River Mile
3 17'30"
3909 NO M
60 000 FEET
2 260 090 FEET
MAP REPOSITORY
Refer to listing of Map Repositories on Map Index or visit www.ncfloodmaps.com.
EFFECTIVE DATE OF FLOOD INSURANCE RATE MAP PANEL
DECEMBER 2, 2005
EFFECTIVE DATE(S) OF REVISIONS) TO THIS PANEL
For community map revision history Priorto statewide mapping, refer to the Community Map
Histo table located in the Flood Insurance Stud report for this jurisdiction.
to e
History Y P 1
To determine if flood insurance is available in this community, contact Your insurance agent, the
North Carolina Division of Emergency Management or the National Flood Insurance Program at the
following phone numbers or websites:
NC Division of Emergency Management National Flood Insurance Program
[phone] www.nccrimecontrol.org/nfip 1-800-638-6620 www.fema.go\/nfip
Z&
GRID NORTH
MAP SCALE 1" = 500' (1 : 6,000)
250 0 500 1000
_ FEET
METERS
ISO 0 750 300
PANEL 2556)
FIRM
FLOOD INSURANCE RATE IAP
NORTH CAROLINA
a CZ
PANEL 2556
(SEE LOCATOR DIAGRAM OR MAP INDEX FOR FIRM
PANEL LAYOUT)
CONTAINS:
COMMUNITY CID No. PANEL SUFFIX
WAYNE COUNTY 370254 2556 J
O 111
4=)n(LL)
4=)
ViL
Notice to User: The Map Number shown below should be used
when placing map orders; the Community Number shown
above should be used on insurance applications for the subject
community.
EFFECTIVE DATE MAP NUMBER
DECEMBER 2, 2005 37202556001
CID..
:crura weArtT�R
.r1
5 P
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3FC
State of North Carolina
Federal Emergency Management Agency

North Carolina Sediment Control Law
North Carolina
Sedimentation Control Law
The purpose of this section is to highlight the portions of the North Carolina
Sedimentation Pollution Control Act of 1973 that may affect individuals
involved in construction or other land -disturbing activities. The full text of
the law is included in Appendix 8.08. Address specific questions regarding the
interpretation of this law to your regional office of the Land Quality Section of
the Department of Environment and Natural Resources (DENR).
This law is performance oriented: it prohibits visible off-site sedimentation
from construction sites but permits the owner and developer to determine the
most economical, effective methods for erosion and sedimentation control.
This flexibility in the law allows for innovation and considers the uniqueness
of each construction site; however, it also requires the developer to plan his
activities carefully in light of their erosion potential. To control erosion and
sedimentation and satisfy the intent of the law, the developer should employ
an integrated system of control measures and management techniques. An
effective control system is based on an understanding of the processes of
erosion and sedimentation and the basic principles for their control. Chapter
2 discusses these processes and principles.
Who is affected? The law governs all land-distrubing activities except agriculture and mining,
which is regulated by the Mining Act of 1971. Erosion and sedimentation
control are required regardless of the size of the disturbance. The law requires
land developers to plan and implement effective temporary and permanent
control measures to prevent accelerated erosion and off-site sedimentation.
Further, if the installed protective measures do not work, additional measures
must be taken.
What does the law The law requires installation and maintenance of sufficient erosion control
require? practices to retain sediment within the boundaries of the site. It also requires
that surfaces be non-erosive and stable within 15 working days or 90 calendar
days after completion of the activity, whichever period is shorter. In certain
High Quality watersheds this stabilization must be achieved within 15
working days or 60 calendar days after completion of the activity, whichever
is shortest.
Rev. 6/06 1.1

11
An erosion and sedimentation control plan must be submitted at least 30 days
before land disturbance begins on any site 1 acre or larger. The erosion and
sedimentation control plan must be approved by the regulatory agency before
any land -disturbing activities are begun. The erosion control plan requires
a thorough evaluation of the site and the proposed land -disturbing activities
in the planning phase of the development. The details and requirements for
this plan are found in Chapter 4, Preparing the Erosion and Sedimentation
Control Plan. Primary requirements are as follows:
• A sufficient buffer zone must be retained or established along any natural
watercourse or lake to contain all visible sediment to the first 25% of the
buffer strip nearest the disturbed area. An undisturbed 25 foot buffer
must be maintained along trout waters.
• The angle of cut -and -fill slopes must be no greater than that sufficient
for proper stabilization. Graded slopes must be vegetated or otherwise
stabilized within 21 calendar days of completion of a phase of grading.
• Off-site sedimentation must be prevented, and a ground cover sufficient to
prevent erosion must be provided within 15 working days or 90 calendar
days, whichever is shorter.
What are the Erosion and sedimentation control measures must be designed to provide
performance protection from a rainfall event equivalent in magnitude to the 10 -year peak
runoff. In areas where High Quality Waters (HQW's) are a concern, the design
standards? requirement is the 25 year storm.
Runoff velocities must be controlled so that the peak runoff from the 10 -year
frequency storm occurring during or after construction will not damage the
receiving stream channel at the discharge point. The velocity must not exceed
the greater of:
• the maximum non-erosive velocity of the existing channel, based on soil
texture (Table 8.05d, Appendix 8.05), or
• peak velocity in the channel prior to disturbance.
If neither condition can be met, then protective measures must be applied to
the receiving channel.
Who is responsible During construction, the person financially responsible for site development is
for maintenance? responsible for maintenance of the erosion and sedimentation control practices
installed. The landowner may also be held responsible.
After construction is complete and the surface is permanently stabilized,
responsibility passes to the landowner or the person managing the land.
Who enforces the The Sedimentation Pollution Control Act provides authority to the State or
authorized local agencies to inspect land -disturbing activities and to prosecute
IaW? violators. Citizens damaged by violations of the Act may also take action
through the courts.
1.2 Rev. 6/07

North Carolina Sediment Control Law
What are the Civil penalties assessed by the state or authorized localities carry a maximum
fine of $5000/day per violation for each day that the site in violation.
penalties?
Criminal penalties for knowing or willful violations may be imposed to a
maximum of 90 days in jail and a $5,000 fine.
Administrative stop -work orders or injunction issued by the courts.
Who is the The law created the Sedimentation Control Commission to develop and
i n g/ administer North Carolina's sedimentation and erosion control program.
gOve rn This program is implemented by the DENR, Land Quality Section under
responsible agency? the Commission's direction. Authorized local governments or agencies may
adopt their own ordinances; however, local programs must be approved by the
Commission and must meet or exceed the minimum standards set by the state.
If their programs are approved, local governments administer and enforce
them. Because these programs vary widely in content and scope, consult the
administering agency to avoid violations of local ordinances.
What other activities The state assists and encourages local governments and other state agencies to
does the state's develop their own erosion and sedimentation control programs. The DENR
reviews local programs as needed to assure uniform enforcement of the Act.
program include?
The state develops educational and instructional materials to demonstrate
methods and practices for erosion and sedimentation control.
The state has developed a set of rules pertinent to sedimentation and erosion
control. These rules were adopted as Title 15A, Chapter 4 of the North
Carolina Administrative Code. The complete text of these rules is provided in
Appendix 8.08 and 8.09.
Rev. 6/06 1.3